South Carolina General Assembly
112th Session, 1997-1998
Journal of the House of Representatives

TUESDAY, DECEMBER 3, 1996

JOURNAL

of the

HOUSE OF REPRESENTATIVES

of the

STATE OF SOUTH CAROLINA

__________

Regular Session Beginning Tuesday, January 14, 1997

__________

Tuesday, December 3, 1996
(Organizational Session)

Indicates Matter Stricken
Indicates New Matter

Pursuant to Article III, Section 9, of the Constitution, the members of the House of Representatives from the several districts of this State assembled in the Hall of the House of Representatives in the Capitol, in the City of Columbia, this day, and were called to order at 12:00 Noon by Sandra K. McKinney, the Clerk of the Late House of Representatives.

Deliberations were opened with prayer by the Chaplain of the late House of Representatives, the Rev. Dr. Alton C. Clark as follows:

At this very beginning of the Legislative Session, we pause in acknowledgment of Your Supreme Sovereignty and invoking Your guidance upon us - not only as we begin, but as we continue throughout all the days ahead. Cause our service to be of such an unselfish nature as to be like the one who plants a tree in the knowledge that in its shade he will never sit. So on this initial day, cause us to grasp and holdfast to the strong right arm of God, and to embrace His word of truth and wisdom to lead us in all that we do, say or think as we follow the example of Enoch of Old "Who walked with God."

Lord, in Your mercy, hear our prayer. Amen.

Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by Rep. R. SMITH.

ELECTION OF THE TEMPORARY CHAIRMAN

The CLERK of the late House announced that the first business in order was the election of a Temporary CHAIRMAN.

Rep. R. SMITH nominated Rep. BOAN.

On motion of Rep. CATO, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

The CLERK of the late House appointed Reps. COTTY, DELLENEY and FELDER to escort Rep. BOAN to the rostrum.

Rep. BOAN presented his credentials and the oath of office was administered to him by the CLERK.

Rep. BOAN thereupon took the Chair.

TEMPORARY OFFICERS

The Temporary CHAIRMAN appointed Mrs. Sandra K. McKinney to act as Temporary Clerk; Mr. Danny Bruce as Temporary Reading Clerk and Mr. Mitchell Dorman as Temporary Sergeant-at-Arms.

COMMUNICATION
STATE OF SOUTH CAROLINA
OFFICE OF THE SECRETARY OF STATE

December 2, 1996
House of Representatives
Ms. Sandra K. McKinney
Clerk of the House
Carolina Plaza
P.O. Box 11867
Columbia, S.C. 29211

Members of the House:

The State Election Commission has certified to this office those members of the House of Representatives of South Carolina which were elected in the general election held on November 5, 1996.

The members are hereby certified as set forth in the attached pages as the duly and properly elected members of the House of Representatives, all of which are duly certified.

Sincerely,
/s/Jim Miles
Secretary of State

S.C. HOUSE OF REPRESENTATIVES

District 1     Gresham Barrett (R)
District 2     Bill Sandifer (R)
District 3     Bud Webb (R)
District 4     Teddy N. Trotter (R)
District 5     Alfred B. Robinson, Jr. (R)
District 6     Brad Jordan (R)
District 7     Ronald P. Townsend (R)
District 8     Becky Martin (R)
District 9     Jesse Cordell Maddox, Jr. (D)
District 10     Daniel T. Cooper (R)
District 11     Harry C. Stille (D)
District 12     Anne Parks (D)
District 13     James S. Klauber (R)
District 14     Marion P. Carnell (D)
District 15     Donny Wilder (D)
District 16     Eugene C. Stoddard (D)
District 17     Harry F. Cato (R)
District 18     Lewis R. Vaughn (R)
District 19     Dwight A. Loftis (R)
District 20     Glenn Hamilton (R)
District 21     Bob Leach (R)
District 22     Terry Edward Haskins (R)
District 23     Fletcher N. Smith, Jr. (D)
District 24     David H. Wilkins (R)
District 25     Willie B. McMahand (D)
District 26     Rex Fontaine Rice (R)
District 27     Mike Easterday (R)
District 28     Daniel L. Tripp (R)
District 29     E. DeWitt McCraw (D)
District 30     Olin R. Phillips (D)
District 31     Brenda Lee (D)
District 32     Doug Smith (R)
District 33     Lanny F. Littlejohn (R)
District 34     John Hawkins (R)
District 35     Stephen P. Lanford (R)
District 36     Rita Allison (R )
District 37     G. Ralph Davenport, Jr. (R)
District 38     Robert E. Walker (R)
District 39     Molly M. Spearman (R)
District 40     Walt McLeod (D)
District 41     Timothy C. Wilkes (D)
District 42     Ronald N. Fleming (R)
District 43     F.G. Delleney, Jr. (D)
District 44     William D. Boan (R)
District 45     James H. Hodges (D)
District 46     J. Gary Simrill (R)
District 47     Herbert Kirsh (D)
District 48     Becky Meacham (R)
District 49     Bessie Moody-Lawrence (D)
District 50     Grady A. Brown (D)
District 51     Ralph W. Canty (D)
District 52     Robert J. Sheheen (D)
District 53     Jean Laney Harris (D)
District 54     Douglas Jennings, Jr. (D)
District 55     Marion H. Kinon (D)
District 56     Denny Woodall Neilson (D)
District 57     James A. Battle, Jr. (D)
District 58     Liston Barfield (R)
District 59     Mack T. Hines (D)
District 60     Woodrow M. McKay (R)
District 61     Harry R. Askins (D)
District 62     Jesse E. Hines (D)
District 63     L. Hunter Limbaugh (R)
District 64     C. Alexander Harvin III (D)
District 65     J. Michael Baxley (D)
District 66     Gilda Cobb-Hunter (D)
District 67     W. Jeffrey Young (R)
District 68     Thomas Woodrum (R)
District 69     John W. Riser (R)
District 70     Joseph H. Neal (D)
District 71     Richard M. Quinn, Jr. (R)
District 72     James E. Smith, Jr. (D)
District 73     Joe E. Brown (D)
District 74     Dr. Alma W. Byrd (D)
District 75     James H. Harrison (R)
District 76     Leon Howard (D)
District 77     John L. Scott, Jr. (D)
District 78     Joe McMaster (R)
District 79     William F. Cotty (R)
District 80     James L. Mann Cromer, Jr. (P)
District 81     Rudolph M. Mason (R)
District 82     William Clyburn (D)
District 83     Scott Beck (R)
District 84     James Roland Smith (R)
District 85     Andre Bauer (R)
District 86     Charles R. Sharpe (R)
District 87     Larry L. Koon (R)
District 88     Jake Knotts (R)
District 89     Margaret J. Gamble (R)
District 90     Thomas N. Rhoad (D)
District 91     Wilbur L. Cave (D)
District 92     Shirley Hinson (R)
District 93     John G. Felder (R)
District 94     Converse Chellis III (R)
District 95     Jerry N. Govan, Jr. (D)
District 96     Elsie Rast Stuart (R)
District 97     George H. Bailey (D)
District 98     Annette Young-Brickell (R)
District 99     Henry E. Brown, Jr. (R)
District 100     James N. Law (R)
District 101     Kenneth Kennedy (D)
District 102     Amos L. Gourdine (D)
District 103     Theodore A. Brown (D)
District 104     Tracy Edge (R)
District 105     William David Witherspoon (R)
District 106     Thomas G. Keegan (R)
District 107     Mark S. Kelley (R)
District 108     Vida O. Miller (D)
District 109     David Mack III (D)
District 110     Chip Limehouse (R)
District 111     Floyd Breeland (D)
District 112     George Campsen III (R)
District 113     Mickey Whatley (R)
District 114     Robert W. Harrell, Jr. (R)
District 115     Lynn Seithel (R)
District 116     Curtis B. Inabinett (D)
District 117     Tom Dantzler (R)
District 118     Jackson S. Whipper (D)
District 119     John Graham Altman III (R)
District 120     William K. Bowers (D)
District 121     Walter P. Lloyd (D)
District 122     Clementa C. Pinckney (D)
District 123     Victoria T. Mullen (R)
District 124     Edie Rodgers (R)

MEMBERS-ELECT SWORN IN

The TEMPORARY READING CLERK of the late House then commenced a call of the members-elect of the House of Representatives by roll call resulting as follows:

Allison                Altman                 Askins
Bailey                 Barfield               Barrett
Battle                 Bauer                  Baxley
Beck                   Boan                   Bowers
Breeland               Brown, G.              Brown, H.
Brown, J.              Brown, T.              Byrd
Campsen                Canty                  Carnell
Cato                   Cave                   Chellis
Clyburn                Cobb-Hunter            Cooper
Cotty                  Cromer                 Dantzler
Davenport              Delleney               Easterday
Edge                   Felder                 Fleming
Gamble                 Gourdine               Govan
Hamilton               Harrell                Harris, J.
Harvin                 Haskins                Hawkins
Hines, J.              Hines, M.              Hinson
Hodges                 Howard                 Inabinett
Jennings               Jordan                 Keegan
Kelley                 Kennedy                Kinon
Kirsh                  Klauber                Knotts
Koon                   Law                    Leach
Lee                    Limbaugh               Limehouse
Littlejohn             Lloyd                  Loftis
Mack                   Maddox                 Martin
Mason                  McCraw                 McKay
McLeod                 McMahand               McMaster
Meacham                Miller                 Moody-Lawrence
Mullen                 Neal                   Neilson
Parks                  Phillips               Pinckney
Quinn                  Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scott                  Seithel
Sharpe                 Sheheen                Simrill
Smith, D.              Smith, F.              Smith, J.
Smith, R.              Spearman               Stille
Stoddard               Stuart                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Whipper                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

The foregoing were then sworn in by the Temporary CHAIRMAN.

LEAVES OF ABSENCE

The SPEAKER granted Rep. LANFORD a leave of absence for the day due to his daughter's back surgery.

The SPEAKER granted Rep. HARRISON a leave of absence for today and tomorrow due to military service in Bosnia.

COMMUNICATION
HEADQUARTERS
1ST INFANTRY DIVISION
TUZLA, BOSNIA

Dear Mr. Speaker and Friends!

As the House convenes today to organize for the upcoming session be assured that my thoughts and prayers are with you. Please convey my congratulations to our new members as they begin their legislative service and let our returning members know that I look forward to our continued service together!

After seven months of separating the former warring factions in Bosnia, I have looked forward to our harmonious debate in the committee rooms and on the floor of the House. However, after reading reports of issues facing the House in its opening days, I just may volunteer to extend my tour of duty here! Resolving 1000 years of ethnic hatred is a "piece of cake" compared to some of the issues that we will be debating early in the session!

As it looks now, I should be home on Christmas Eve but weather conditions here make that uncertain. It hasn't stopped snowing here in the last 10 days!

Good luck this week and I hope each of you has a joyous holiday season! I'll see you in January!

Your Friend!
Rep. JAMES H. HARRISON

ELECTION OF THE SPEAKER

The Temporary CHAIRMAN announced that nominations were in order for a SPEAKER.

Rep. ALLISON nominated Rep. DAVID H. WILKINS of Greenville as follows:

"Mr. Chairman, ladies and gentlemen of the House and Susan Wilkins... It is with great honor and pleasure that I rise today to place into nomination for the office of Speaker of the House, my good friend and your good friend, David Wilkins. Truly there is little difference in people, but that little difference makes a big difference. The little difference is attitude. The big difference is whether it is positive or negative, an attribute which David Wilkins has developed, seeking the positive. There is no such thing as a born leader; leadership ability has to be acquired, nurtured and developed. It is attained through personal commitment and dedicated energy. David has used his leadership ability as a distinguished public official but that is only part of the story. In both his public and private life he has demonstrated a deep and abiding feeling for all people. He has more than outstanding ability; he has a sense of compassion. The two together give him his distinction. They explain his sense of kinship with us and ours with him. For those of us who have been in the House for several years, we know of his readiness to listen, assist and lead in the direction of what is best for the people of South Carolina. He has encouraged and, yes, he has allowed each of us to participate and develop our leadership. During session or during interim, he is always there with support and hard work. As he developed into the leader that he is today, he worked his way through the ranks. He was elected to the S.C. House of Representatives in 1980. He was elected Chairman of the Judiciary Committee in 1986, and served until 1992 when he was elected Speaker Pro Tempore. I came to the House that year. He was, as with many of you, one of the first to call and welcome me and offer assistance to me to help me better serve the people of my district and the State. The next session, with a Republican majority and his proven leadership, he was elected Speaker of the House, with an agenda that was for the people, term limits, welfare reform, truth in sentencing and property tax relief. All under David's leadership important things passed the House and we have continued to serve the people of South Carolina. David has developed his leadership, but as he leads he has always brought with him and included all parties, all races and all genders. For those of you who come to the House today as new legislators, I share with you that David Wilkins will serve us well again as Speaker of this House. He is a man of tested ability, sound judgement and keen perception. He is possessed of fine character. He is a sincere friend, a devoted worker, and, no, not a born leader, but a true developed leader, possessing the leadership that we need to continue to move forward in South Carolina. And so, now, Mr. Chairman, it is my privilege to place David Horton Wilkins into nomination for your consideration as the Speaker of the South Carolina House of Representatives. And I thank you and may God bless our decisions and efforts to serve all people."

On motion of Rep. CATO, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

The Temporary CHAIRMAN appointed Reps. CARNELL, DAVENPORT, LEE, LIMEHOUSE, McMAHAND and SPEARMAN to escort the SPEAKER-ELECT to the desk where the oath of office was administered unto him by the Temporary CHAIRMAN.

SPEAKER WILKINS thereupon took the Chair and addressed the House as follows:

"Thank you so much... Thank you, Rita, for that grand introduction and nomination. I want to thank you for again giving me the privilege of being your Speaker. You honor me greatly with your support and your trust. I pledge to honor your trust and to do my very best for you, for this body and for this State. Two years ago, I stood before you and talked about new beginnings. For the first time in over one hundred years, this House had a new majority and I was, and still am, proud to be the first Republican Speaker to take this gavel since Reconstruction. And while in a way it was a new beginning, it was only a continuation of a beginning created over two centuries ago when our forefathers created a government 'for the people, by the people.' We do not begin each new leadership phase as a blank slate by starting anew, but do so by standing on the shoulders of so many people, those who have been here before us, those who will come after us and those who have allowed us to be here today. Let me mention the strongest shoulders I stand upon, those of my family -my wife, Susan, and our two sons, James and Robert. I am so proud of them and so happy that Susan is with me today. She is my best friend, my conscience and my compass. For all she has done for me, I'm eternally grateful. Susan, James and Robert have endured the legislative process, the absences and the scrutiny, and they have always been there for me and with me. James and Robert were home for Thanksgiving and are now back at college. Susan and I can only hope that they are either in class or studying for exams at this very moment. On a personal note, there are two more people I would like to mention. Unfortunately, they are not with me today. Two years ago when I was sworn in as Speaker, my father was unable to attend because of illness. My mother was in the balcony and beamed down on me with the pride that only a mother can have. Both of them have since passed away. I miss them both very much, but I know that they are smiling down upon me today and are with me in spirit. I'm so thankful that you allowed me to become your Speaker while they were both alive. As proud as I am to be your Speaker, it doesn't compare to the pride I feel in being their son and being able to call those two wonderful people 'My Mom and Dad.' While we made history two years ago, today we are again a part of South Carolina history. Not only will we be the first and only House to ever take the oath of office in a former ballroom of the Carolina Plaza, but we will be the last House of Representatives to end its work and its two-year legislative session in the 20th century. Yes, we will be the last House to complete its service in this millennium. But, let us be the first to seize this time to create a state in which all of our citizens, no matter their rank or status or race, have a real chance to prosper. Two years ago the South Carolina House took historic strides towards changing the relationship between government and its people. We began to reclaim the legacy of our founding fathers - a legacy of less government and greater opportunity for our citizens. We brought a bold vision and a strong work ethic to the State House and we were successful. We slowed the growth of government and created a leaner, less intrusive state government. In the last two years, we have eliminated twenty-five joint committees of the General Assembly, had a net reduction of over 1600 state government positions, cut $55 million dollars from the base of the budget and given back almost $500 million dollars to our taxpayers in the form of property tax relief, capital gains rate reduction and child dependency deductions. Through our sound fiscal policies, the State regained its Triple A credit rating. Education was made the top priority. The 96-97 budget was the best overall education budget in recent history. We provided more new money for public education than at any time since the enactment of the penny sales tax in the EIA in 1983 and we did it without a tax increase. For the first time in five years, the percentage of education funding increased. We created the State's first need based grant program for students attending public colleges. And we expanded the Palmetto Fellowship Scholarship program to keep the best and the brightest students in South Carolina. We made funds available not only for scholarships, new buses and buildings, but we funded all-day kindergarten for at-risk students. We passed meaningful judicial reform to ensure that the most qualified candidates will be elected to judgeships. We reformed welfare by creating a welfare system that focuses on finding jobs instead of handing out checks. We adopted truth in sentencing and took the guessing game out of the sentencing process so that violent criminals have to serve the sentences they are given. We created strong incentives for economic expansion and development for all areas of our State. We recognized that victims have rights and we barred felons from serving in the General Assembly. We did this and much more working closely with Governor David Beasley and our colleagues in the Senate. I am proud of our accomplishments and I am proud of you, the members of this body, who were part of the most productive legislative session in our history. Thomas Edison once said that the reason many people don't recognize opportunity is because 'it usually goes around wearing overalls looking like hard work.' We seized the opportunity and have been hard at work. But we cannot afford to rest on our laurels. There are problems yet to be solved and issues that beg to be tackled. This is a new day in South Carolina and if we are to continue the successes of the last two years, we must have a renewed vision - a vision of hope and a message of opportunity. Helen Keller once said, 'The most pathetic person in the world is someone who has sight but no vision.' These are strong words from an incredibly strong woman. And that is my desire - not just to set our sights on what legislation we want passed but to develop a vision with you of where we want to take this State into a new millennium. So, where are we going and what is our commitment to get there? We must renew our commitment to streamline government and reduce the growth of government by continuing the course of meaningful property tax relief. We must continue funding education as our top priority. Funds for education should be the very first dollars appropriated in our budget. We should direct more resources to the classroom, provide more computers for our schools, make more scholarship monies available for our students to attend South Carolina colleges and universities and make full-day kindergarten available to all of our students. But in addition to simply providing the necessary funds for quality education, we need to be bold enough to try innovative ideas. We need to make accountability an integral part of our educational process in South Carolina if we are to prepare our children for the jobs of tomorrow. Susan, my two sons and I, as are many of you, are the products of the public schools of South Carolina. My passion is public education and I know you will join me in doing all we can do to make it the best it can be in South Carolina. We need to pass the Safe School Act of 1997 with our goal being to make our schools the safest in the country. We need to increase penalties for crimes on school property and for crimes against teachers and school personnel and take the bad actors out of school. We should pass the Taxpayer Protection Act which will restrict the ability of the General Assembly to raise taxes by requiring a 2/3 vote of the membership of each body to raise taxes or impose new taxes. Infrastructure needs have to be addressed. We have a highway system that is in need of repair and improvement. We can no longer be complacent about these needs and we must be innovative in finding solutions. Reapportionment will consume much of our energies the first month of the session and that needs to be our first order of business. This General Assembly, not the federal courts, should draw the district lines under which you run. There has been a lot of talk lately about the flag, and none of us know how that issue will pan out. But I do know one thing - we cannot let that one issue or the issue of reapportionment, or any other single issue, monopolize us or paralyze us or divide us to the point that we are not able to address the many issues that are critical to the well being of our citizens. These are difficult and emotional issues to tackle and there are many more: Victims Rights, Limitations on Local Government Taxing Authority, Automobile Insurance Reform, Increasing punishment for those who commit Hate Crimes and Term Limits, just to name a few. Peanuts creator Charles Schultz once said, 'No problem is too big to run away from.' But we can't do that. Our citizens expect us to face the challenges and find solutions and we will do just that. But we must have a vision--A vision of South Carolina ranked first in education beginning in the South and then in the nation - a vision of a safer South Carolina for our children - a vision of prosperity for all of our people by continuing to provide property tax relief and, therefore, less government. But we won't realize this vision unless we have a renewed sense of cooperation and commitment in this body. I can't ask you to work any harder that you have worked the last two years, but I can ask us all to work with more civility, with more tolerance, and with more cooperation. By design, the House of Representatives is the institution closest to the people. We are a prism that reflects the breadth and depth of our State in all its diversity. Each of us represents a different community and yet we all represent South Carolina. Each of us come here with different views and yet we all want what is best for South Carolina. So as we debate the issues in the next two years, let us be mindful that the people of this State have sent us here to reflect their own best qualities. Folks, that is what we need to do today. We need to accept our differences and unite to work for the good of this State. We can be the visionaries who lead South Carolina into the 21st century, Republicans and Democrats alike, working together in a new spirit of cooperation to leave a legacy of opportunity and hope for all our people. Thank you for this great honor. I will give you my very best and I will expect your very best in return. I look forward to a session of great accomplishments and to a session where we create an environment where all of our people are only limited by their dreams. Thank you very much."

ELECTION OF THE SPEAKER PRO TEMPORE

The SPEAKER announced that nominations were in order for SPEAKER Pro Tempore.

Rep. CROMER nominated Rep. TERRY E. HASKINS of Greenville as follows:

"Mr. Speaker, ladies and gentlemen . . . This is the biggest honor that I have yet to have in my six years of serving up here . . . It is nominating the Speaker Pro Tempore of the South Carolina House. What I am going to get to do is to nominate Terry Edward Haskins. For your information, as you probably already know, Terry is a graduate of Bob Jones University where he received a Bachelor of Science and a Masters of Arts. He also received a Juris Doctorate, or law degree, from the University of South Carolina School of Law. Obviously, he is well educated. I got to know him as an employee here when I served as the Staff Attorney for the Labor, Commerce & Industry Committee, and I was actually very afraid of him: he runs a tight ship. He expects a lot of work. He knows everything that he is asking you about so, if you're an employee, you'd better know the answer! But, over the years -- and it has been seven-and-a- half now -- I have gotten to know him personally as well. It is that personal motivation which brings me to this podium. Terry does a good job. I've watched him as the Minority Leader when the Republicans held the minority of this Body. He was aggressive and effective, but he was also thoughtful and courteous. He extended courtesy to everyone. Subsequently, I watched him as he entertained questions when he had the chance to serve as Speaker Pro Tempore. He is always thoughtful and courteous; he never makes anyone feel superior or inferior to him. He has a way of extending himself to you so that you know he is a good person. These traits take time to appreciate, and like I said, I was initially afraid of him. That fear has long passed. Terry has done a good job as Speaker Pro Tempore and he did a good job to the Judiciary Committee just as he did a good job for the city of Greenville, just as he did a good job as the Mayor Pro Tempore for the city of Greenville. But, what brings me to the podium to nominate him for Speaker Pro Tempore is because he is a truly good person: probably one of the best people that I have had the privilege to know. Politically speaking, I would say that we don't agree as much as we disagree. But, personally speaking, I haven't met a finer person. About May or June of last year, I was walking around the floor asking for your commitments for Terry Haskins as Speaker Pro Tempore and I entertained a lot of questions about Terry: nothing about his service nor performance or his ability or his intellect; rather, your questions were about him personally because you care. I answered those questions: "He is going to be just fine," how many times I said that? But, you were very supportive and helpful. You gave commitments and well-wishes and now he is back. We all should be thankful. The thoughts, the positive thoughts that we have made, the prayers that we have offered -- whether it has been in the form of lighting a candle at St. Joseph's or forming a prayer network or just making a general wish of good will for your fellow human being -- no matter what the gesture -- they were there for him and they worked. The miracle of modern science has worked. He is back. He is ready to help lead again. In this instance, and in this speech, it is hard to separate this person and his recent crisis from this political interest. Therefore, that recent crisis must necessarily be a part of this nominating speech. Because the person I am nominating most recently, as always throughout his life, has shown that he has strength: spiritual strength, intellectual strength, emotional strength, political strength, and human strength in the form of compassion which makes this my biggest honor to let these comments about Terry Haskins be made from this podium in all personal sincerity and therefore, I place the name of Terry Edward Haskins in nomination for Speaker Pro Tempore, and thank you for the opportunity to do so."

On motion of Rep. CATO, nominations were closed, and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

The SPEAKER appointed Reps. ALLISON, CROMER, LIMBAUGH, QUINN and D. SMITH to escort the SPEAKER Pro Tempore-elect to the desk where the oath of office was administered unto him by the SPEAKER.

SPEAKER Pro Tempore HASKINS thereupon took the Chair and addressed the House as follows:

"Mr. Speaker, my fellow members... I want to thank you once again for the tremendous honor that you have given me today to serve as your Speaker Pro Tempore for another two year session. Two years ago, when you first honored me in this fashion, I wasn't so sure of what the outcome would be, and advised my family to stay at home. But, this year, I am proud and pleased to say that Gloria, David, Bryan, Hayden and Harlan, who are in the gallery, are here to share with me in this honor that you have given me. My wife's mother and father are also with us today seated in the gallery and I am pleased that they could come to enjoy this occasion. During the past year, my wife and my boys have been the source of great personal strength for me. As most of you know, I have undergone a personal battle for the past year and there have been times when it was very difficult, but my wife, Gloria, and our boys, stood with me and kept me strong and kept my spirits up and kept me going until we could get through this and get the good reports that we have been getting. I do want to just thank you, my friends, for the prayers, the encouragement, for what you did for me as I was going through this battle. I don't want to name names, but there are just a few people who I would like to mention who really went out of their way. Al Robinson, who shuttled me back and forth from Greenville to Columbia when I wasn't strong enough to drive. Rick Quinn, who then became my chauffeur when I was here in Columbia and took me everywhere I ever needed to go and kept taking me over to the health food restaurant, trying to make me eat those sprouts and things. Speaker Wilkins, who filled his position and mine for several months last year and also cared to see that I was always covered and any needs here were taken care of. Bobby Harrell, who shuttled medicine for me from Charleston several times. Mark Kelly, who has made my family an offer that I haven't been able to take him up on yet, but we are going to take it. And I want to especially express my gratitude to Bubba Cromer who during my time of weakness took it upon himself to seek and obtain your commitments to support me for this position. It is an act of kindness I will never forget. And really, each and every member, who was a constant source of prayer and encouragement to us. I am looking forward to an uninterrupted session over the next two years. The Book of Psalms said that 'By me, kings reign and princes decree justice. By me, princes rule, even all the judges of the earth.' And we know that all authority on earth, to govern and to rule, comes from God. So, today, I want to thank the Lord for giving me this honor and this responsibility and for giving each one in the Chamber the honor and responsibility of serving the people of this State. As we embark upon the new session, the Speaker has laid out an ambitious set of goals for us, continuing property tax relief, control the growth of government, funding education needs and making sure that our State excels in education, improving our infrastructure and taking care of the needs we have on the highways and roads, and water and sewer needs around the State. And it is a good set of goals and we need to all commit ourselves to accomplishing those goals over the next two years. We, in the South Carolina House are the heirs of a great heritage. Great traditions of justice and fair play have been carried on through the years in this Chamber. We are the stewards and we must be good stewards of those traditions and of those principles. For our system of self government is designed to insure that every voice, no matter how small in the State of South Carolina, is heard in the House of Representatives. Every citizen will have a representative and his right to speak will not be stifled. Every issue that ought to be aired should be aired and will be aired in this Chamber. The right of every voice must be protected. While each of us has been elected to represent the people of our districts, in a greater sense, we are here to represent the State of South Carolina. We each have a responsibility to the entire State and to insure that the actions that we take, the votes that we cast are good for this State. Each of us must make a great effort to insure our deliberations are controlled by an overwhelming commitment to justice and fairness, equality, honesty, ethics and openness in government. Much of the burden of protecting the voices of all citizens lies with the members of this Body. For it is the great that must bear the burden of the small and the strong that must carry the load for the weak. Sometimes, it is the majority that must protect the interests of the (omit) minority. Each member of this Body, as we begin a two year session must commit and while we may be adamant in our positions, we will always be accommodating to the views of others. While we may be determined in our cause, we will protect due process. While we may be uncompromising in our stand, we must not be uncaring of the real needs of the people of this State. While we may be right, we must always show respect - respect for the individual members and respect for this Body and for the principles of the Constitution and for the people of this State. For the true measure of our effectiveness as a legislative body, will not be judged by the number or the scope of the legislation that we pass, we will ultimately be judged by the firmness our commitment to the principles of our Constitution, by the strength of our dedication to respect and protect the right of every citizen to be heard and by the intensity of our devotion to the one from whom all authority is derived. Never compromise principle, but always be willing to listen and consider the views of the other guy. Again, I thank you for this great undeserved honor and responsibility that you have given me and I pledge to carry out my duties to assist the Speaker, to assist each member of this Body to ensure that over the next few years we will be able to accomplish those goals that we have set forth and be able to look back on a successful session of the South Carolina General Assembly. May God Bless each of you as you serve Him and the people of this State. Thank you."

ELECTION OF THE CLERK

The SPEAKER announced that nominations were in order for the Clerk of the House.

Rep. HARRELL nominated Mrs. Sandra K. McKinney of Columbia as follows:

"Mr. Speaker, Mr. Speaker Pro Tempore, ladies and gentlemen of this House... It is with a great deal of pleasure that I rise today to place in nomination for the office of Clerk of the South Carolina House, my friend, Sandy McKinney. Sandy has worked for this House since 1971. She has served as our Clerk since 1988. She is known for being knowledgeable, dedicated, and a tireless worker who is always there to help members with whatever is needed and she never complains. She strives to do this job the way it ought to be done. She always does all that she can for all members without regard to party or idealogy. She recognizes that our job is to push our philosophy and that of our constituents and that her job is to help us to do that regardless of how she may personally feel. In fact, the strongest testament that we can give about her is that in 1994 when this House saw its first Republican majority since reconstruction and major changes were happening all around us. Sandy did not even have an opponent for her reelection as the Clerk. And today, she enjoys the respect of each member of this Body. To our freshman, in particular, I would advise you to get to know this lady, whether you want to know who is the best expert in this Body on a particular issue or whether you want to know how you can do something about your parking space; Sandy will always know who you need to talk to. When I first came here as a freshman, there were two telephone numbers that I learned right away. One was 734-2950, my first office. The other was 734-2010, Sandy's number. She is my dear friend and if you will just walk up to this desk and get to know her, she will be your friend as well. Quite simply, she wants to help you. And now, Mr. Speaker, it is my distinct honor to place into nomination for the office of Clerk of the South Carolina House of Representatives, Mrs. Sandra K. McKinney."

On motion of Rep. CATO, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

The oath of office was administered unto her by the SPEAKER.

ELECTION OF THE SERGEANT AT ARMS

The SPEAKER announced that nominations were in order for the Sergeant at Arms.

Rep. BOAN nominated Mr. Mitchell Dorman of Kershaw as follows:

"Thank you, Mr. Speaker, ladies and gentlemen... It is my pleasure to place the name of Mitch Dorman in nomination for the position of Sergeant at Arms for the South Carolina House of Representatives. Mitch started working for the House of Representatives in 1983 and on Dec. 4, 1990, he was elected Sergeant at Arms for the first time. Mitch is a graduate of USC-Lancaster in Criminal Justice. He is married to the former Leah Blanton of Spartanburg. He has lived all of his life in Lancaster and Kershaw counties. And much like Representative Harrell talks about Sandy McKinney, Mitch Dorman is a devoted servant to the membership of this House and the people of South Carolina. You folks who are here for the first time will soon learn that the Sergeant at Arms staff, the security staff that he oversees, provides service for all of us that will be valuable to us in our service to our constituents. Mr. Speaker, it is with that note and sense of personal pleasure, that I place in nomination the name of Mitchell G. Dorman for Sergeant at Arms for the South Carolina House of Representatives."

On motion of Rep. SCOTT, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

ELECTION OF THE CHAPLAIN

The SPEAKER announced that nominations were in order for the Chaplain.

Rep. WILDER nominated the Rev. Dr. Alton C. Clark of Little Mountain as follows:

"Mr. Speaker, ladies and gentlemen... It is with a great deal of pride that I place in nomination Dr. Alton C. Clark. Dr. Clark has served this Body as Chaplain for 32 years and he has served us faithfully and well. He is a native of Newberry. He is a graduate of Newberry College and the Lutheran Theological Seminary. He has served churches in Anderson, Columbia, Prosperity and he was Chaplain in the National Guard. He and his wife, Alice, have two sons, and Dr.Clark is always there when we need him. His prayers that open our sessions are always a source of inspiration. It is with a great deal of pride that I place Dr. Alton C. Clark in nomination as Chaplain."

On motion of Rep. TOWNSEND, nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

ELECTION OF THE READING CLERK

The SPEAKER announced that nominations were in order for the Reading Clerk.

Rep. WALKER nominated Mr. Danny Bruce as follows:

"Mr. Speaker, ladies and gentlemen... I rise to place in nomination the name of Danny Monroe Bruce as our Reading Clerk. Danny is a lifelong resident of Spartanburg County, the Campobello area. He graduated from the public schools in that area. He graduated from Spartanburg Methodist College and Western Carolina University. He is married to his lovely wife, Lazetta, and they have four children, three girls and one boy. He is a very proud family man. Danny served in this House as a Representative for 14 years starting back in 1975. In 1992, he was elected as our Reading Clerk. That was the year that I joined this House and Danny does an outstanding job for us in this capacity. He works hard. He fulfills the duties of this position. I consider it an honor to rise today to place in nomination for Reading Clerk, Danny Bruce. Thank you."

On motion of Rep. LITTLEJOHN, nominations were closed and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.

OFFICERS SWORN IN

The SPEAKER administered the oath of office unto the Sergeant at Arms, Mitchell Dorman; the Chaplain, the Rev. Dr. Alton C. Clark; and Mr. Danny Bruce, the Reading Clerk.

H. 3000--ADOPTED

The following was introduced:

H. 3000 -- Reps. Wilkins and D. Smith: A HOUSE RESOLUTION TO PROVIDE A PROCEDURE FOR ALLOTTING SEATS TO MEMBERS OF THE HOUSE OF REPRESENTATIVES FOR THE 1997 AND 1998 SESSIONS OF THE GENERAL ASSEMBLY.

Be it resolved by the House of Representatives:

That for the purposes of allotting seats to members of the House of Representatives for the 1997 and 1998 sessions of the General Assembly the following procedure be adopted:

"As soon as practicable, after the House has been organized, the seats of the members must be allotted as follows:

The Clerk shall prepare a ballot for each county with only its name printed on it. These must be put in a closed box. The Speaker shall then direct a person or persons to draw them out, one by one. As each ballot is drawn, the delegation from that county shall select their seats, in accordance with the county in which the member resides. In the event a member's district consists of more than one county, the member may elect to be seated with the delegation the member desires, provided the member indicates the preference to the Clerk of the House prior to balloting. No delegation may select more than one seat on the main aisle."

Be it further resolved that when the House adopts its rules for the 1997 and 1998 sessions, they shall incorporate the above provision as part of the House rules with an appropriate numerical designation.

The Resolution was adopted.

ALLOTMENT OF SEATS

The SPEAKER then announced that the House would proceed to the allotment of seats, the names of the counties being drawn from a container by Rep. CARNELL.

On motion of Rep. CARNELL, Seat No. 124 was assigned to Rep. RON FLEMING.

ALLOTMENT OF SEATS

Allison     46     Lanford     24
Altman     34     Law     120
Askins     71     Leach     12
Bailey     76     Lee     22
Barfield     38     Limbaugh     82
Barrett     105     Limehouse     28
Battle     52     Littlejohn     37
Bauer     123     Lloyd     72
Baxley     16     Loftis     13
Beck     7     Mack     44
Boan     48     Maddox     85
Bowers     107     Martin     84
Breeland     45     Mason     9
Brown, G.     61     McCraw     57
Brown, H.     67     McKay     83
Brown, J.     62     McLeod     5
Brown, T.     41     McMahand     26
Byrd     63     McMaster     103
Campsen     35     Meacham     93
Canty     80     Miller     53
Carnell     68     Moody-Lawrence     91
Cato     20     Mullen     108
Cave     98     Neal     74
Chellis     79     Neilson     32
Clyburn     14     Parks     70
Cobb-Hunter     75     Phillips     56
Cooper     101     Pinckney     106
Cotty     102     Quinn     116
Cromer     1     Rhoad     15
Dantzler     96     Rice     112
Davenport     23     Riser     119
Delleney     43     Robinson     113
Easterday     18     Rodgers     109
Edge     39     Sandifer     104
Felder     2     Scott     64
Fleming     124     Seithel     59
Gamble     31     Sharpe     3
Gourdine     81     Sheheen     42
Govan     99     Simrill     90
Hamilton     19     Smith, D.     47
Harrell     29     Smith, F.     27
Harris, J.     30     Smith, J.     66
Harrison     117     Smith, R.     6
Harvin     94     Spearman     110
Haskins     11     Stille     86
Hawkins     25     Stoddard     8
Hines, J.     33     Stuart     111
Hines, M.     51     Townsend     87
Hinson     97     Tripp     21
Hodges     49     Trotter     115
Howard     65     Vaughn     10
Inabinett     73     Walker     36
Jennings     17     Webb     114
Jordan     100     Whatley     58
Keegan     55     Whipper     50
Kelley     54     Wilder     4
Kennedy     95     Wilkes     60
Kinon     78     Wilkins     118
Kirsh     92     Witherspoon     40
Klauber     69     Woodrum     88
Knotts     121     Young     89
Koon     122     Young-Brickell     77

Rep. CROMER moved that the House recede until 3:30 P.M., which was adopted.

THE HOUSE RESUMES

At 3:30 P.M. the House resumed, the SPEAKER in the Chair.

POINT OF QUORUM

The question of a quorum was raised. A quorum was later present.

HOUSE TO MEET AT 10:00 A.M. TOMORROW

Rep. FELDER moved that when the House adjourns it adjourn to meet at 10:00 A.M. tomorrow, which was agreed to.

H. 3001--ADOPTED

The following was introduced:

H. 3001 -- Reps. Wilkins and D. Smith: A HOUSE RESOLUTION TO ADOPT THE RULES OF THE HOUSE OF REPRESENTATIVES FOR THE 1997 AND 1998 SESSIONS OF THE GENERAL ASSEMBLY.

Be it resolved by the House of Representatives:

That the following rules are adopted as the Rules of the House of Representatives for the 1997 and 1998 Sessions of the General Assembly:

"RULE 1
THE SPEAKER
SPEAKER PRO TEMPORE

1.1     The Speaker shall take the chair on every legislative day precisely at the hour to which the House adjourned at the last sitting, immediately call the members to order, cause prayer to be said, the Journal of the previous proceedings to be corrected, and if a quorum be present, proceed to other business.

1.2     The Speaker shall preserve order and decorum, and, in case of disturbance or disorderly conduct in the galleries, or in the lobby, may cause the same to be cleared. Any person guilty of contempt of the House may be ordered into custody by the House and dealt with as it deems proper.

1.3     If any member, in speaking or otherwise, transgresses the Rules of the House, the Speaker shall call him to order, or any member may call such transgressions to the attention of the Speaker who shall call the transgressor to order. If repeated cries of order are ineffective, the Speaker may call a member by name, and if the Speaker deems it necessary, he shall state the offense committed. The member may be heard in his exculpation and shall withdraw, and the House shall consider his punishment or any further proceedings to be had.

1.4     The Speaker shall sign all acts, joint resolutions, memorials, writs, warrants, and authorizations for payment or other papers authorized by the House.

1.5     The Speaker shall decide all points of order, subject to an appeal by any member. He may require the member raising a point of order to cite the rule or other authority in support of the question. Upon appeal, no member shall speak more than once and for no longer than twenty minutes each, except by permission of the House.

1.6     The Speaker shall vote in all cases (except when he may be personally or pecuniarily interested or shall be excused). If with his vote the House be equally divided, the question shall be decided in the negative. The presiding officer may give information or explain any
matter before the House; he may speak on points of order in preference to other members, and as often as he may deem necessary, but he shall not enter into any debate or endeavor to influence any question before the House while presiding.

1.7     The Speaker shall be elected on the opening day of the organizational session or as soon thereafter as may be practical by the membership of the House.

1.8     The Speaker Pro Tempore shall be elected either on the opening day of the organizational session or as soon thereafter as may be practical. The Speaker Pro Tempore shall preside in the absence of the Speaker. Provided, the Speaker or the Speaker Pro Tempore, whoever may be presiding at the time, may name a member to preside, but such substitution shall not extend beyond an adjournment. In the absence of the Speaker and the Speaker Pro Tempore for more than one day, the House may elect a Speaker Pro Tempore to serve until the return of the Speaker or Speaker Pro Tempore. When the Speaker Pro Tempore is absent for more than three consecutive statewide legislative days, the House of Representatives may elect an acting Speaker Pro Tempore who shall serve until the return of the Speaker Pro Tempore. The acting Speaker Pro Tempore may continue to serve on any committee to which he has been appointed.

1.9     All committees shall be appointed by the Speaker, unless otherwise provided for by law, except senatorial and gubernatorial appointees and ex officio members of the House. The Speaker shall name the members constituting each committee in alphabetical order, and the chairman shall be elected by the several committees. The committee may at its discretion elect a Vice-Chairman and such other officers as it may choose.

1.10     The Speaker is responsible that all amendments ordered by the House be correctly made and that the attention of the House be called to all amendments made by the Senate since the matter was before the House. All Senate amendments to matters previously considered by the House and all House amendments to matters previously considered by the Senate shall, after adoption, be printed by use of distinctive type interlineation in such a manner as to reflect in one text the original version and the language of the amendment.

1.11     If the Speaker or Speaker Pro Tempore resigns from such position, he shall submit his resignation to the Clerk of the House in writing. The question of acceptance of the resignation shall be immediately considered by the House or if the House is not in statewide session at its next statewide day of session. The question of acceptance shall not be debatable and shall be decided by majority vote of the members present and voting, a quorum being present. This procedure shall be followed in the case of the resignation of any elected officer of the House.

RULE 2
ELECTED OFFICIALS
Clerk, Reading Clerk, Chaplain and
Sergeant At Arms

2.1     The Clerk shall be elected by the membership of the House for a term of two years. This election will take place on the opening day of the organizational session or as soon thereafter as may be practical.

2.2     The Clerk of the preceding session shall, at the beginning of the organizational session of the Legislature, call the members to order, proceed to call the roll of members in alphabetical order, and pending election of a Speaker, Speaker Pro Tempore or temporary officers, preserve order and decorum, and decide all questions of order subject to appeal by any member. The duties of this section may be delegated by the Clerk to any member of the House.

2.3     The Clerk shall cause to be kept a correct Journal of the proceedings of the House, and this Journal shall be numbered serially from the first day of each session of the Legislature. He shall not permit any books or papers belonging to the House to be taken out of his custody other than in the regular course of business and then upon receipt when he deems necessary. He shall report any missing papers to the Speakers.

2.4     The Clerk of the House shall cause to be prepared and laid on the desks of the members, every morning, an itinerary of the day's business, to be called the Calendar. This Calendar shall include the orders of the preceding day and all continued matters arranged according to priority, and numbered from the commencement of the session, every matter being introduced and newly numbered after every new order upon it.

2.5     The Clerk shall assist, under the direction of the Speaker, in taking roll call or division votes.

2.6     The Clerk shall issue all pay certificates for per diem and mileage and incidental expenses upon the order of the House or of the Speaker, the signature of the Speaker being attested by the Clerk. He shall also attest to all writs and warrants issued by order of the House, and to the passage of all bills, resolutions and memorials.

2.7     The Clerk shall prepare in writing, present to the Speaker for his signature, and send all messages to the Senate and elsewhere as ordered by the House.

2.8     The Clerk shall also be charged with the duty of having executed, in a prompt and accurate manner, all the printing required by the Rules or orders of the House.

2.9     The Reading Clerk shall be elected by the membership of the House for a term of two years. This election will take place on the opening day of the organizational session or as soon thereafter as may be practical.

2.10     The Reading Clerk shall read all papers to be read at the desk, which the Speaker may direct him to read and shall assist in taking any roll call votes at the Speaker's direction. Upon ordering of a roll call vote, or upon a quorum call, the electronic roll call system is to be used following the procedure of Rule 7.3. When the electronic roll call system is not operating in any manner, the Reading Clerk shall call the roll and take the names of all who vote 'aye' and all who vote 'nay' which shall be entered in the Journal and the provisions of Rule 7.3 shall not apply. If, during the course of an ordered electronic roll call, the electronic roll system malfunctions, in such a manner that the number of aye votes and the number of nay votes are recorded but the names of the members so voting are not recorded, the vote shall stand, and any member desiring to publish a record of his individual vote may submit a statement which shall be printed in the House Journal. If, during the course of an ordered electronic roll call, the electronic roll call system malfunctions in such a manner as to record no accurate information as to the vote totals, the Question shall be resubmitted and the Reading Clerk shall call the roll of the members as hereinabove specified.

Provided, however, in the case of a malfunction in the electronic roll call where the roll call to be taken is mandated by the Constitution or Statutes, any malfunction will void the roll call and it will be retaken.

Provided, that whether the ayes and nays are taken by electronic roll or otherwise, they shall be recorded by the Clerk in the Journal.

2.11     The Chaplain shall be elected by the membership of the House for a term of two years. This election will take place on the opening day of the organizational session or as soon thereafter as may be practical.

2.12     The Chaplain shall provide spiritual guidance for the membership of the House.

2.13     The Sergeant at Arms shall be elected by the membership of the House for a term of two years and shall be under the direct supervision of the Speaker of the House. This election will take place on the opening day of the organizational session or as soon thereafter as may be practical.

2.14     The Sergeant at Arms shall assist the Speaker in maintaining order and decorum.

2.15     The duties of the Sergeant at Arms, shall be as provided for in Chapter 3 of Title 2, Code of Laws of South Carolina, 1976, as amended.

2.16     The Sergeant at Arms may designate, subject to the approval of the Speaker, other staff members of the House to assist the Speaker and the Sergeant in performing such duties as they may direct, in accordance with Chapter 3 of Title 2, Code of Laws of South Carolina, 1976.

RULE 3
MEMBERS AND MEMBERSHIP

3.1     Every member shall be within the House Chamber during its sittings unless excused or necessarily prevented, and may vote on each question put, except that no member shall be permitted to vote on any question immediately concerning his private rights as distinct from the public interest.

3.2     The Speaker may excuse any member from attendance on the House and its committees for any stated period upon reason shown, and such excused absence shall be transmitted to the member in writing and noted in the Journal.

3.3     Any member absenting himself from attendance on the House or its committees and having in his possession any original papers relating to the business before the House, shall leave such original papers with the Clerk before departing from the Capitol.

3.4     Any member who enters after the roll call at the opening of the daily session and notifies the Clerk in writing shall thereafter be shown as present for such day. Provided, that no person except those recorded present shall be eligible for subsistence for that day.

3.5     In cases of contest for a seat in the House, notice setting forth the grounds of such contest shall be given by the contestant to the House within three calendar days after the House first convenes, and in such case, the contest shall be determined by majority vote as speedily as reasonably possible.

3.6     When the House is called to order, every member shall take his seat and shall act with decorum. If a member shall be called to order while speaking, he shall immediately take his seat until the question of order be decided, unless allowed to proceed upon explanation. If the decision be in favor of the member, he shall proceed; if otherwise, he shall not proceed without leave of the House; and if the case requires it, he shall be liable to such other proceedings as the House may take. Every member, when about to speak, shall rise from his seat and respectfully address himself to _Mr. Speaker_ and shall avoid disrespect to the House or the Senate, and all personalities; observe decency of speech; and he shall confine himself to the question under consideration, be such question an amendment, a bill, or resolution.

The Speaker, when duly addressed by a member, shall hear from the member who, in the Speaker's opinion, shall arise first, by identifying the member. The Reading Clerk shall not turn on any member's microphone until the Speaker has recognized that person.

3.7     No employee or attache of the House shall, directly or indirectly, interest or concern himself with the passage or consideration of any measure whatsoever. If any employee or attache so interests or concerns himself with any measure, it shall be grounds for summary dismissal.

3.8     No member shall speak more than twice on the same question without leave of the House, except merely to explain his meaning, even if the debate on the question should be continued for many days. In the case of a matter requiring more than one reading, this limitation applies separately to each reading, provided, however, notwithstanding that a matter may move from the uncontested to contested calendar or vice versa within the same reading, the limitation applies to the entire reading. If a member has the floor and is addressing the body, he shall not lose the floor by asking a question of any member of the body.

3.9     If any member shall be absent without leave and a quorum is not present, the Speaker shall instruct the Sergeant at Arms or appoint other authorized persons to send for such member or members and take them into custody. The outer doors to the chamber shall be closed. The Speaker shall order that security personnel shall be posted at the outer doors of the chamber and no member shall be permitted to leave the second floor of the State House without written leave of the Speaker. The Speaker may also order that security personnel be posted at all entrances to the State House to prevent members from leaving without authorization. An absent member who is taken into custody after the invocation of this rule shall pay for all reasonable expenses incurred, which shall include mileage at the prevailing rate for state employees and a ten dollar custody fee. In addition, such absent member who is taken into custody shall forfeit his entitlement to subsistence and mileage for that legislative day and shall be subject to any additional penalties the House deems necessary. Should a quorum be present and ten members request, such absent member or members shall be sent for as herein provided and subjected to the same penalties. The Speaker shall strictly enforce the provisions of this rule. Provided, however, in the case of a member not being present when Rule 3.9 is invoked and such member voluntarily returns without being taken into custody, he shall not be subject to the penalties of this section.

3.10     As soon as practicable, after the House has been organized, the seats of the members shall be allotted as follows:

The Clerk shall prepare a ballot for each county with only its name printed on it. These shall be put in a closed box. The Speaker shall then direct a person or persons to draw them out, one by one. As each ballot is drawn, the delegation from that county shall select their seats, in accordance with the county in which the member resides. In the event a member's district consists of more than one county, the member may elect to be seated with the delegation the member desires, provided the member indicates the preference to the Clerk of the House prior to balloting. No delegation may select more than one seat on the main aisle.

3.11     As soon as practicable, after the House has been organized, office space of members must be allotted as follows:

Each member shall choose an office in the Blatt Building on the basis of their seniority in the House in accordance with a floor plan prepared by the House Operations and Management Committee with the consent of the Speaker. A member who has served in the immediately preceding session shall have first preference on retention of his previously assigned office. The House Operations and Management Committee is authorized to make necessary adjustments in the assignment of office space with the consent of the Speaker when available space cannot be reasonably adjusted to conform with the county selections made pursuant to this subsection.

The provisions of this rule do not apply to office space for the Speaker, Speaker Pro Tempore, Chairman of the Rules Committee, Chairman of the Invitations and Memorial Resolutions Committee, Chairman of the Interstate Cooperation Committee and chairmen of any other standing study committees or any other caucus having assigned space in the Blatt Building.

RULE 4
COMMITTEES

4.1     Committee appointments: see Rule 1.9.

4.2     As soon as practicable after the members have been sworn in and have taken their seats, the following standing committees, except the House of Representatives Legislative Ethics Committee, shall be appointed to serve until the next general election with the indicated number of members appointed thereto:

1.     Committee on Ways and Means - 25.

2.     Committee on the Judiciary (Privileges and Elections) - 25.

3.     Committee on Agriculture, Natural Resources and Environmental Affairs (Fish, Game, Forestry, State Parks, Rural Development, Environmental Affairs) - 18.

4.     Committee on Education and Public Works (Education, Highways, State House and Grounds, Railroads, Aviation) - 18.

5.     Committee on Medical, Military, Public and Municipal Affairs (Medical Affairs, Social Security, Penitentiary, State Hospital, Police Regulations, Military Affairs, Veteran's Affairs) - 18.

6.     Committee on Labor, Commerce and Industry (Labor, Commerce and Manufacturing, Banking and Insurance, Merchants and Mercantile Affairs) - 18.

7.     Committee on Rules - 15.

8.     Committee on Interstate Cooperation (membership limited to 5, under 1976 Code, Sec. 1-17-30) - 5.

9.     House of Representatives Legislative Ethics Committee - 6.

10.     Committee on Invitations and Memorial Resolutions (Invitations, Resolutions memorializing the Federal or State Government or any official or agency thereof, sympathy, and congratulatory Resolutions) - 5.

11.     Committee on Operations and Management of the House of Representatives (Advisory to the Speaker on personnel, administration and management of facilities, including management of the Blatt Building) - 7.

Each member shall serve on one and only one of the first six standing committees listed above. However, a member of these committees may also serve on one of the following committees: Committee on Rules, Committee on Interstate Cooperation, Committee on Ethics, Committee on Invitations, or Committee on Operations and Management of the House of Representatives. The Speaker, Speaker Pro Tempore and Clerk shall serve as ex officio members of the Committee on Operations and Management of the House of Representatives but no chairman of any other standing committee shall serve as a member of such committee.

Provided, that the members of the standing committee 11, entitled Committee on Operations and Management of the House of Representatives (advisory to the Speaker on personnel, administration and management of facilities) - 7, shall be elected by the members of the South Carolina House of Representatives, their terms to be coterminous with their respective term of office.

Provided, that the Committee on Education and Public Works shall be deemed to be the Committee on Education, and the Committee on Medical, Military, Public and Municipal Affairs shall be deemed to be the Committee on Military Affairs and the Committee on Medical Affairs, in all cases where the statutes provide for the chairman of these committees to perform ex officio duties.

Provided, that the Committee on Operations and Management of the House of Representatives may formulate such policies as it deems advisable relating to House personnel. Such policies shall be distributed to the members and must be adopted by majority vote of the House by House Resolution.

No member shall be appointed on a committee before he has been sworn in and has taken his seat. Any member who is sworn in after the general announcement of the committee shall, within a few days afterward, be placed by the Speaker on a standing committee whose number of members will not thereby be extended beyond the number provided in these rules.

After a committee has been appointed, no addition to it or change shall be made, except to fill a vacancy or to excuse a member.

Provided, that in filling a vacancy, the assignment of any member may be changed from another committee to fill such vacancy.

Provided, further, that except as herein provided neither the Speaker nor Speaker Pro Tempore shall be a member of any of the foregoing standing committees.

4.3     Unless otherwise ordered, committees shall have jurisdiction only over matters pertaining to the subjects indicated by the names of the respective committees, and to the subject matter indicated in parenthesis following the names.

4.4     Committees shall meet regularly to consider pending legislation in the room assigned for their use by the Speaker. Notice of date, time and place of such meetings shall be posted on a bulletin board provided for this purpose in the lobby. Whenever feasible, twenty-four hour advance notice shall be given for all committee meetings. Such notice shall be mailed to the members by the committee chairmen when the House is not in session. Notice of regular and special meetings shall also be given by the administrative assistants to each member of the committees and to the Sergeant at Arms in the manner the committee deems proper. Information as to subcommittee meetings shall be provided by the administrative assistants to the Sergeant at Arms and shall be available at the Sergeant at Arms' desk. Failure of notice of any meeting shall not invalidate committee action unless bad faith is shown. No committee shall meet while the House is in session without special leave. If a committee or a subcommittee thereof requests such special leave, the request shall be considered by the House immediately, is not debatable and may be granted by a majority vote of those members present and voting, provided, however, that the Committee on Rules and any committee of conference or free conference, may sit at any time and may report at any time when a message might be received.

No committee shall sit unless a quorum be present and all bills introduced by committees must carry the statement of the chairman that the bill has the approval of two-thirds of the membership of the committee, except that the State Appropriations Bill and the Deficiency Appropriations Bill may be introduced by a majority vote of the Ways and Means Committee.

No committee shall introduce a bill pertaining to subject matter over which it has no jurisdiction.

No bill, except a committee bill, shall be considered by the House until one week after the date of its first reference to a committee except those bills which have been prefiled in accordance with Rule 5.1 and any bill which has been recalled by the House. Notice in writing of all public hearings shall be given by committee chairmen to the Clerk of the House at least five calendar days prior to the date fixed for the hearing, such notice to be published in the House Calendar. Notice in writing of all committee action taken on a bill or resolution shall be given to the principal author thereof.

No statewide bill directly appropriating money shall be considered by the House until after such bill has been referred to the Ways and Means Committee, provided, however, a statewide bill which directly or by implication provides for per diem, subsistence or mileage in connection with the subject matter of the bill, but does not otherwise directly appropriate money, shall not be required to be referred to the Ways and Means Committee.

After the House sets a bill for Special Order pursuant to Rule 6.3, no point of order may be raised regarding its reference to committee, however, the House by majority vote may commit or recommit a bill or other matter under debate.

No committee action may be taken on a bill or resolution except at a regular or called meeting, but this shall not apply to resolutions referred to the Committee on Invitations and Memorial Resolutions.

When any standing committee or subcommittee schedules a public hearing on a bill or resolution, the principal sponsor of such bill or resolution shall be notified of the time and place of such hearing not less than five days prior to the hearing date.

4.5     All meetings of all committees shall be open to the public at all times, subject always to the power and authority of the chairman to maintain order and decorum with the right to go into Executive Session as provided for in the South Carolina Freedom of Information Act, Title 30, Chapter 4 of the 1976 Code of Laws of South Carolina, as amended.

No committee shall file a report unless the committee has met formally at an authorized time and place, with a quorum present. All standing committees of the House shall prepare and make available for public inspection, in compliance with Section 30-4-90 of the 1976 Code of Laws of South Carolina, as amended, the minutes of full committee meetings. Such minutes need not be verbatim accounts of such meetings but shall include those matters required by the above mentioned Freedom of Information Act.

4.6     After twenty days from the date of reference, the chairman of the Committee in possession of a measure shall, upon written request of an introducer or, in the case of a Senate measure, a House member, set a time for consideration of the measure by the full committee which shall be no later than seven legislative working days thereafter.

4.7     Each report of a committee shall contain the action of the committee on the bill or other measure being transmitted. Such report shall certify the action by the committee and shall be signed by an officer of the committee.

4.8     Any bill, report, petition or other paper except an amendment which may come before the House, may be committed or recommitted before a final decision thereon.

4.9     In all cases the House may resolve itself into a Committee of the Whole House, and in such event the Speaker shall leave the chair after appointing a chairman to preside, who shall, in case of disturbance or disorderly conduct, have the power to cause same to be cleared. No bill or resolution may be considered by the Committee of the Whole House, except by a two-thirds vote, unless same has first been considered by the appropriate standing committee of the House.

4.10     The Committee of the Whole shall consist of the entire body of members in attendance at the particular meeting of the House. Such committee is a real committee in the parliamentary sense. During the time that a meeting of the Committee of the Whole is held, it is technically not 'the assembly.' The parliamentary steps in making use of a Committee of the Whole are essentially the same as those involved in referring a subject to an ordinary committee.

4.11     The Rules of the House so far as they are applicable, shall be observed in a Committee of the Whole, the chairman being substituted for the Speaker.

4.12     No Committee of the Whole or other committee shall deface or interline a bill or other paper, referred to it, but shall report any amendments recommended on a separate paper, noting the page and line.

4.13     No person shall be permitted to address the House, or the Joint Assembly, except by written resolution, and such resolution shall be referred to the Committee on Invitations and Memorial Resolutions before being considered by the House. The committee shall not extend an invitation: (1) to any person or group to address the House or the Joint Assembly or to appear unless such person or group is of significant national or state prominence at the time the invitation is extended and will bring a message of major importance to the State or (2) to any individual or group for any artistic performance during the established hours of meeting.

Any invitations extended to the House as a whole to attend any functions shall be submitted to the Committee on Invitations and Memorial Resolutions at least 10 days in advance in order that it may determine what legislation or other pertinent matters may be pending before the House and its committees before the invitation is accepted. The House shall accept no invitations to any functions other than a breakfast or luncheon prior to 6:00 p.m. Pages are not permitted to attend such functions. No invitations to functions for the House as a whole will be accepted after the third Thursday in May.

4.14     No member of a committee shall be allowed under any circumstances to vote by proxy; however, pairing shall be allowed.

4.15     None of the House Rules shall be rescinded, suspended or altered, except by written resolution which has been referred to the Rules Committee, and agreed to by two-thirds of the members present, after the committee has made its report. Provided, that any rule may be amended by a simple majority until the last Thursday in January, 1997.

4.16     a.     The House of Representatives Legislative Ethics Committee has the following duties in addition to those provided for by statutory law:

(1)     upon request of any member, officer or employee of the House of Representatives, to render advisory opinions with regard to legislative ethics when in its judgment such opinions would serve the public interest;

(2)     to make available annually to the House of Representatives a compilation of the principles set forth in advisory opinions rendered;

(3)     upon the filing of a complaint with the Ethics Committee alleging a violation of the ethics law or House Rules or upon the referral by the Speaker of a matter in which there is an allegation of conduct in contempt of the House or which otherwise violates House Rules, the committee shall conduct a hearing and/or render an advisory opinion and report its findings, with any order of punishment, to the Speaker.

b.     All papers, documents and proceedings relating to conduct or disciplinary action against members are confidential and must be handled in the manner prescribed for the disciplinary procedure for attorneys in Rule 413, Section 20 of the South Carolina Appellate Court Rules unless made public by the committee in a report to the House of Representatives.

4.17     The standing committees may order to be printed for their use, such papers as shall be referred to them.

4.18     The House shall not resolve itself into Executive Session except under those circumstances permitted by the laws of this State, and then only upon a vote of two-thirds of the membership present and voting, a quorum being present. Upon resolving itself into Executive Session the Halls of the House shall be cleared of all persons except the members of the House, the Clerk of the House and the Sergeant at Arms.

No action shall be taken which violates the Statutory Law of this State and when such action is permissible it shall only be taken upon a two-thirds vote of the membership present and voting, a quorum being present.

RULE 5
BILLS, RESOLUTIONS AND REPORTS

5.1     No notice shall be required of a member of his intention to introduce a bill or resolution. Any member may introduce bills or resolutions which shall be received by the House staff whether or not the House is in session. Bills and resolutions so received shall be periodically referred by the Speaker of the House to the appropriate committee or committees which may then consider them at such times as the committee meets. Any matter acted upon favorably by any committee may be reported out by the committee when the House reconvenes and need not thereafter be sent to any committee but shall then be ready, upon compliance with other Rules of the House, for second reading consideration; provided, however, that bills appropriating revenue shall be referred to the Ways and Means Committee. Provided, further, that bills and resolutions creating study committees shall first be referred to the appropriate standing committee having jurisdiction of the subject matter of the bill or resolution. The Clerk of the House shall establish procedures to notify the House membership on a monthly basis of bills and resolutions introduced during periods when the Journal is not printed.

All bills received prior to the first day of the convening or reconvening of the General Assembly shall receive first reading on the first day of the session.

In those years in which all seats of the House are up for election, no bill shall be received for prefiling between the dates of adjournment sine die and the date of completion of the Organizational Session of the House.

When the House of Representatives is not in session and bills are being prefiled and assigned to committees, any member who wishes to have their name added as a sponsor of a bill may do so by notifying the Clerk of the House in writing. The Clerk shall then notify the chairman of the committee to which the bill has been assigned and their name shall be added. If a member wishes to sponsor a bill individually, then they shall so indicate on the face of the bill and no additional sponsors shall be allowed.

5.2     Every bill, before presentation, shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed, and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added.

And every bill or joint resolution which shall propose the amendment or repeal of any Section, Chapter or Title of the General Statutes or of any Act of Assembly or Joint Resolution, shall, in its title express the subject matter of such Section, Chapter, Title, Act or Joint Resolution, so sought to be amended or repealed. If this be not complied with, the paper shall not be received by the Speaker and objection may be raised by any member to such improper introduction at any time prior to third reading that the bill or resolution is being considered by the House.

Every bill or joint resolution proposing to amend any section or clearly identifiable subdivision or portion of a section of any chapter of the General Statutes, or of any Act of Assembly or joint resolution, shall give the full text of the Section or clearly identifiable subdivision or portion of a Section as it would read with such amendment inserted therein. And if this latter clause of this rule be not complied with, the bill or joint resolution shall be amended so as to conform to this rule before it be considered by the House. Any member may require such amendment at any time a bill or resolution not in conformance herewith is being considered by the House.

5.3     Every General Appropriations Bill and Supplemental Appropriations Bill for the ordinary expenses of State Government before presentation shall have attached thereto a certificate from the Budget Division of the State Budget and Control Board stating that the total of the appropriations therein provided for is not in excess of the estimated total revenue of the State for such purposes, including that revenue which may be provided for in the bill, or in any other bill previously passed by the House for the fiscal year to which the bill is applicable, and an Appropriations Bill without such certificate shall not be read the first time in the House, but shall be returned to the Committee on Ways and Means by the Speaker. The General Appropriations Bill and Supplemental Appropriations Bills shall include only provisions for appropriating funds, provisions affecting revenue, and rules, regulations, directives and procedures relative thereto; and no provision of an Appropriations Bill, and no amendment thereto, shall be in order unless its substantial effect is directly germane to these purposes. No provision shall be put in a permanent part of any such bill unless it relates directly with an appropriation being made or revenue provided therein for the fiscal year referred to in the bill. The provisions of this paragraph shall be narrowly and strictly construed with regard to all provisions of and amendments to the General Appropriations Bill and Supplemental Appropriations Bills.

After passage on second reading and before its consideration on third reading, every General Appropriations Bill, and every Supplemental Appropriations Bill shall have attached thereto a certificate from the Budget Division of the State Budget and Control Board that the total of the appropriations therein provided is not in excess of the estimated total revenue of the State for such purposes, including that revenue which may be provided in the bill, or in any other bill previously passed by the House for the fiscal year to which the bill is applicable, and if the Comptroller General cannot give such certificate, the Speaker shall order the bill recommitted to the Ways and Means Committee. After the report of the committee, any amendment which it shall recommend may be adopted. The following requirement applies to the report of the Conference Committee on the Annual Appropriations Bill: Any provision offered for inclusion in the Annual Appropriations Bill which increases or decreases the most recent official projection of general fund revenues of the Board of Economic Advisors may not be included in the bill or recommendation unless the revenue impact is certified by the Board of Economic Advisors. Changes to the official general fund revenue estimate as a result of such provisions may not exceed amounts certified by the Board of Economic Advisors. This requirement is in addition to other provisions of law regarding fiscal impact statements.

All State Appropriations Bills must be printed at each stage in their passage so that:

a.         The House Ways and Means Committee version of the Appropriations Bill must include the amounts recommended by the Ways and Means Committee.

b.     The House version of the Appropriations Bill must include the amounts recommended by the Ways and Means Committee and the amounts passed by the House.

c.         The Report of Conference or Free Conference Committee must include the amounts passed by the House, the amounts passed by the Senate, the amounts agreed upon by the Conference Committee.

d.     The Appropriations Act must include total funds approved for the next fiscal year and a listing of appropriations from the General Fund.

Provided, further, that the full salary of the principal officer of each department, agency, or institution shall be set forth as an item distinct and apart.

Provided, further, that minor budget classifications or other descriptive terminology may be used when necessary to better express the purpose of the appropriation.

Provided, further, that where the major portion of the operating funds to any department, institution or principal operational division thereof is derived from federal or other nonappropriated funds, the total appropriation for each major budget classification may be shown and the relative contributions of state and nonappropriated funds therefor shall be shown as completely as possible.

Provided, that the appropriations must be in conformity with the program budget format as adopted by the Ways and Means Committee.

Provided further, that any bill or resolution considered by the House of Representatives, upon second reading, that raises revenue must conform to the provisions of Article III, Section 15 of the South Carolina Constitution.

5.4     No bill or amendment providing an appropriation to pay a private claim against this State or a department thereof shall be introduced or considered.

5.5     No bill or joint resolution shall be introduced as a delegation bill or resolution unless such bill or resolution related only to local matters concerning the county which such delegation represents.

5.6     Except as provided in subsection 5.1, the first reading of the bill shall be by title only. No amendments shall then be in order and the bill shall be referred to some committee, unless the House unanimously agree, without debate, to dispense with reference.

5.7     Upon the second reading of a bill, after all amendments and privileged motions have been disposed of, the question shall be the passage of the bill. Upon a decision in the affirmative, the order shall be made accordingly and the bill shall take its place on the calendar for third reading.

5.8     At the third reading of a bill, the bill shall be read by its title only.

If the bill originated in the House, the question then shall be the passage of the bill. On a bill which originated in the Senate, if no amendment has been made by the House, the question shall be the passage of the bill and in the case of an affirmative vote the title _Bill_ shall be changed to an _Act_ and the Act shall be enrolled for ratification.

If the bill has been amended in the House the question shall be the passage of the bill as amended and in the event of an affirmative vote the bill as amended shall be returned to the Senate.

5.9     All bills and resolutions reported by a committee shall as a matter of course, be printed, together with the report of a committee. A bill or joint resolution shall be reprinted following its second reading, if amended by the House, reflecting the substance of the bill in its amended form. Every committee report which amends the provisions of legislation referred to such committee shall give the full text of the section or clearly identifiable subdivision or portion of a section as it would read with such amendment inserted therein. If this rule is not complied with, the bill or joint resolution shall be amended so as to conform to this rule before it is considered by the House. This shall be the responsibility of the committee chairman.

5.10     No bill or joint resolution shall receive a second reading unless printed copies of the same shall have been laid on the desks of members at least one day prior to such reading. Provided, no General Appropriations Bill or Supplemental Appropriations Bill for the ordinary expenses of the State Government shall receive a second reading unless printed copies of such Appropriations Bill shall have been laid on the desks of members at least three legislative days prior to each reading. Provided, further, that no statewide bill or joint resolution shall receive a second reading unless printed copies of the same shall have been laid on the desks of members at least one statewide legislative day prior to such reading.

5.11     Any bill, resolution, report or other paper which has been under consideration, may, at the Speaker's discretion, be ordered to be printed for distribution to the members.

5.12     That no statewide bill or resolution, except an Appropriations Bill, general or deficiency, or a joint resolution approving or disapproving regulations of a state agency shall be considered unless (1) such legislation is introduced in the House prior to April fifteenth of the year in which it is to be considered or (2) such legislation shall have been introduced in the Senate and received prior to May first in the House, unless in either event it was introduced in the previous year and was carried over to the year in which it is to be considered; provided, however, that nothing herein shall prevent a statewide bill or resolution from being received, given first reading and referred to the appropriate committee. No such bill or resolution shall be placed on the calendar for further consideration unless two-thirds of those members present and voting agree to waive the rule. Once voted on and rejected, no further vote shall be allowed to waive this rule.

The motion to waive this rule shall not be debatable except that the mover shall have the right to make a three-minute explanation of his motion.

The provisions of this rule shall apply only to regular sessions of the General Assembly as opposed to special sessions of the General Assembly.

The Speaker or presiding officer shall enforce the deadlines provided by this rule and shall not allow consideration without putting the question of waiver before the House.

5.13     Each bill affecting the expenditures of money by the State shall, prior to receiving second reading, have attached to it in writing such comment of the State Auditor as may appear appropriate regarding its effect on the finances of the State. Provided, however, this rule shall not be invoked where the amount is shown in the bill.

Committee chairmen shall satisfy this requirement prior to reporting a bill out of committee.

5.14     The printing of any document required to be printed under the Rules of the House may specifically be dispensed with by two-thirds vote of the membership present and voting of the House, a quorum being present; provided, such vote shall be by roll call vote; provided, however, the printing of any bill which has not been referred to committee shall not be waived.

5.15     No report of a Committee on Conference or Free Conference except on local matters shall be considered until such report has been printed in the Journal and explained by the conferees on the floor of the House.

5.16     Should any member seek immediate consideration of any House or Concurrent Resolution, the resolution shall receive immediate consideration unless five members object. If immediate consideration of such resolution is not sought, or in the event five members do object where immediate consideration is sought, the resolution shall be referred to an appropriate committee and shall not be considered by the House until after the committee has made its report and at that time shall take its place on the calendar.

A House or Concurrent Resolution sponsored by a committee shall receive immediate consideration if so requested by a member unless five members object in which case it shall take its place on the calendar without the necessity of being referred to a committee. Such resolution shall be printed in the same manner as is prescribed in Rule 5.9 for the printing of bills.

Provided, however, the Clerk shall prepare forms for House Resolutions expressing the sympathy or congratulations of the members of the House. Any member wishing to sponsor such a resolution shall forward in writing on a form prepared by the Clerk information sufficient to prepare the resolution. The Clerk shall prepare the resolution. The Speaker shall sign the resolution on behalf of the membership. Such resolutions shall not be read to the House or printed in the Journal except upon the request of ten members. The Speaker may refer any such resolution to the Committee on Invitations and Memorial Resolutions and, in such event, the resolutions must be approved by the committee or if the committee recommends, by the House.

5.17     (A)     Upon the consideration of any statewide uncontested bill or joint resolution an objection by five (5) members at any time prevents the consideration of the statewide bill or resolution and it then must be placed upon the statewide contested calendar and remain on it until one (1) or more objections are formally withdrawn from the floor, and if there are not further objections entered at that time bringing the total number of outstanding objections to five (5) or more, the statewide bill or resolution shall then receive immediate consideration if there is any time remaining in the applicable period for that statewide day for that bill or resolution.

(B)     Upon the consideration of any local uncontested bill or joint resolution an objection by three (3) members at any time prevents the consideration of the local bill or resolution and it then must be placed upon the local contested calendar and remain on it until one (1) or more objections are formally withdrawn from the floor, and if there are not further objections entered at that time bringing the total number of outstanding objections to three (3) or more, the local bill or resolution shall then receive immediate consideration if there is any time remaining in the applicable period for that day for that local bill or resolution.

5.18     If any bill or resolution shall be recommitted or referred to the same committee or another committee retaining its place on the calendar, the same may be listed on the calendar by number only until it is returned to the floor for debate or such action as may be appropriate.

Any bill, resolution or report upon which debate has been adjourned may be listed on the calendar by number only until the date for consideration has been reached.

5.19     a.     No member shall speak more than twice on the main question of a bill or resolution being considered for any reading and not longer than sixty minutes for the first speech nor longer than thirty minutes for the second speech, unless allowed to do so by the affirmative vote of a majority of the members present and voting; nor shall he speak more than twice upon an amendment or a motion to reconsider, and then not longer than ten minutes each time. The House may, however, by consent of a majority of the members present and voting suspend the operation of this rule during any debate on any particular question before the House.

b.     Subsection (a) of this rule shall be applicable on a section by section basis on debate upon the General Appropriations Bill, the Supplemental Appropriations Bill, or the bond bills but shall not apply to bills on reapportionment.

5.20     Notwithstanding the provisions of any other House rule, no House or Concurrent Resolution memorializing the Congress of the United States, the President of the United States, or any state or federal department, agency, or official shall receive immediate consideration but shall be referred to the Committee on Invitations and Memorial Resolutions and shall remain in such committee unless three members of the committee vote to report the resolution out of committee. No such resolution may be recalled from committee.

RULE 6
DAILY ORDER OF BUSINESS AND CALENDAR

6.1     The House shall meet each legislative day at 12:00 Noon every Tuesday, 10:00 a.m. every Wednesday, and 10:00 a.m. every Thursday and Friday unless otherwise ordered by the House. Provided, that by motion made at any time the House by majority vote may fix the day and hour at which time the House shall next meet (not to exceed constitutional limitations) and this shall be decided without debate.

Provided, further, that during the first six weeks of the legislative sessions, unless a majority of the House members present object, the House shall adjourn at 2:15 p.m. on Tuesdays for the purpose of insuring a time for committees to meet and hearings to be held. This 2:15 p.m. adjournment on Tuesdays shall not apply when the General Appropriations Bill is under consideration by the House.

Provided, further, that during the first six weeks of legislative sessions, unless a majority of the House members present object, on Wednesdays the House shall meet at 2:00 p.m. to provide time in the morning hours for committees to meet and hearings to be held. On Thursdays during the first six weeks the House shall meet at 10:00 a.m.

Provided, further, that unless a majority of the House members object, the House shall recede at 1:00 p.m. for luncheon and reconvene at 2:15 p.m. This proviso shall not apply when the House is debating on Special Orders.

Provided, further, that unless ordered otherwise the House shall consider only local uncontested matters on Friday of each week.

6.2     All questions as to priority of business, or as to the time when any matters shall be considered or ordered for consideration and as to a departure from the regular order of business, shall be decided without debate.

6.3     When the House shall not direct a different course, which, at any time, in any particular not forbidden by these Rules, it may do, the following order of business shall be enforced every day by the Speaker, except that Special Orders as defined in subsection 14a of this rule shall be considered at the time and place set.

1.     a.         Prayer;

b.     Pledge of Allegiance to the flag of the United States of America;

2.     corrections to the Journal;

3.     receipt of communications including messages from the Senate;

4.     reports of committees including Conference and Free Conference;

5.     First reading of House Resolutions, Concurrent Resolutions, Committee Reports on Resolutions, Joint Resolutions, and Bills upon the desk;

6.     call of the roll of the House;

7.     a.         consideration of local uncontested bills and joint resolutions on third reading;

b.     consideration of local uncontested bills and joint resolutions on second reading;

8.     a.         consideration of statewide uncontested bills and joint resolutions on third reading;

b.     consideration of statewide uncontested bills and joint resolutions on second reading;

9.     withdrawal of objections;

10.     consideration of pending motions to reconsider;

11.     a.         consideration of unanimous consent requests;

b.     consideration of local contested bills and joint resolutions on third reading;

12.     consideration of statewide contested bills and joint resolutions on third reading in the order in which they appear on the Calendar;

13.     a.         motion period;

b.     consideration of local contested bills and joint resolutions on second reading;

14.     consideration of statewide contested bills and joint resolutions on second reading in the order in which they appear on the Calendar;

a.         Notwithstanding the order of business set forth in Rule 6.3 a matter may be set for Special Order for consideration on a particular day at a particular hour or at a particular place on the Calendar.

b.     Special orders may be set for Appropriations Bills and local bills by majority vote of the House. Special order on all other bills on the Calendar shall be set only by written resolution, which has been referred to the Rules Committee or originates therein, and agreed to by two-thirds of the members of that committee and agreed to by majority of the members of the House present after the committee has made its report; provided, however, that notwithstanding the provisions of Rule 9 governing the amendability of bills and resolutions, no amendments may be offered to any special order resolution which amendments do not pertain to the bill which is the subject of the special order resolution, except as to the time and date called for in such resolution.

Provided, that for the purpose of explaining any special order resolution the time limit for opponents shall not exceed five minutes and the time limit for proponents shall not exceed five minutes.

c.         A Special Order set for a certain day and hour, not being considered by the House at the hour named shall be transferred by the Clerk of the House to the Special Orders of the following day until disposed of, in the chronological order of original appointment.

Any member may insist upon a Special Order of the Day, or other Special Orders, until it be discharged.

d.     The motion period provided for the daily order of business under Rule 6.3 shall be limited to ten minutes only.

Provided, however, that time consumed by roll call votes shall not be construed as part of time allotted to said motions.

Provided, further, that during a motion period no motion shall be withdrawn after a substitute has been offered therefor.

e.         Consideration of uncontested local bills and joint resolutions on third and second readings as provided in subsection 7a and b of this rule shall be limited to a total of ten minutes only. Consideration of contested local bills and joint resolutions on second and third readings as provided in subsections 11b and 13b of this rule is limited to a total of ten minutes for second reading bills and joint resolutions and ten minutes for third reading bills and joint resolutions.

f.         Consideration of uncontested statewide bills and joint resolutions on third and second readings as provided in subsection 8a and b of this rule shall be limited to a total of thirty minutes only.

g.     No debate shall be allowed in the uncontested period, provided, however, the Speaker may recognize a proponent and opponent of any uncontested bill or joint resolution for a brief explanation of their position.

h.     Consideration of unanimous consent requests as provided for in subsection 11 of this rule shall be limited to five minutes only. No unanimous consent requests except those unanimous consent requests dealing with the pending matter may be considered at any time other than during the time provided for in subsection 11 of this rule.

6.4     A debate interrupted by a simple adjournment shall afterwards be resumed at the point of interruption as if debate had been formally adjourned. A matter interrupted by a call for the Orders of the Day shall, after the orders have been disposed of, be resumed at the point of interruption before any other question.

6.5     Messages may be received at any time while the door is open, except while a question is being put, or a ballot, or a viva voce vote is taken. A message shall be presented to the House by the Speaker when received, or afterwards, according to its nature, and the business in which the House is engaged; or its consideration may, on motion, be ordered by the House.

6.6     In all particulars not determined by these Rules, or by the laws of the Constitution of this State, or of the United States, the practice of this House shall conform to its previous usage, or be guided by parliamentary law as it may be collected from the best authorities, Mason's Manual of Legislative Procedure being the preferred parliamentary authority.

RULE 7
VOTING

7.1     If, upon a question by acclamation, the Speaker doubts, or a division be called for, the House shall divide by those in the affirmative first rising from their seats, then those in the negative. If the Speaker still doubts, or a count be required, the Speaker shall name one member from each side to tell the numbers in the affirmative and those in the negative, and from their report shall state the decision. Provided, that division votes shall be made by use of the electronic roll call equipment, but no individual votes shall be recorded. The Speaker shall state: _The pending question for division vote is ........ (designating the matter to be voted upon)._ The Speaker shall then unlock the voting machine and announce: _The members shall now proceed to vote._ He shall then sound the bell. Thirty seconds after the bell has been sounded, the Speaker shall then announce that the voting is closed, shall lock the machine, and instruct the Clerk to report the totals. Thirty seconds after the announcement of the commencement of the vote on the board, the Speaker shall then announce that voting is closed and shall lock the machine and instruct the Clerk to report the totals.

7.2     Upon any question, at the request of any ten members who may signify their requests by rising, the yeas and nays shall be ordered; whereupon, at the decision, the electronic roll call system shall be used and the procedure provided for in Rule 7.3 shall be followed.

7.3     a.     When the House is ready to vote upon any question requiring the yeas and nays and the vote is to be taken by the electronic roll call system, the Speaker shall state: _The pending question is ...... (designating the matter to be voted upon)._ The Speaker shall then unlock the voting machine and announce: _The members shall now proceed to vote._ He shall then sound the bell. Once the voting has begun, it shall not be interrupted, except for the purpose of questioning the validity of a member's vote before the result is announced.

b.     Two minutes after the bell has been sounded, the Speaker shall ask the question: 'Have all members present voted?' After a pause, the Speaker shall lock the machine and instruct the Clerk to record the vote and the Speaker shall announce the result of the vote.

c.         After the voting machine is locked, no member may change his vote and the votes of tardy members shall not be counted.

d.     Subject to the provisions of Rule 2.10, the vote as electronically recorded on the roll of members shall not in any manner be altered or changed by any person.

e.         No member shall vote for another member, nor shall any person not a member vote for a member. Any member who shall vote or attempt to vote for another member or a person not a member who shall vote or attempt to vote for a member may be punished in such manner as the House determines.

f.         Any member or other person who wilfully tampers with or attempts to disarrange, deface, impair or destroy in any manner whatsoever the electronic voting equipment or who destroys or changes the record of votes thereon shall be punished in such manner as the House determines.

Provided, however, the minimum penalty for violation of Rule 7.3 shall be a public reprimand.

g.     A member who has been appointed by the Speaker to preside as Speaker Pro Tempore may designate another member to cast his vote on any question while he is presiding in accordance with his instructions from the Chair.

h.     A member recorded as voting while absent from the chamber shall present to the presiding officer an affidavit attesting to this fact. Any member may also report to the presiding officer his knowledge that another member was recorded as voting while absent from the chamber. If the affidavit of the member whose vote is in question is presented within forty-eight hours of the vote, the presiding officer shall adjust the vote totals to reflect the affidavit and order action on the question in accordance with the adjusted vote total. If the member filing the affidavit or any other member has knowledge of the identity of the person who voted for him while absent, he shall present this information to the presiding officer who shall refer it to the Ethics Committee for consideration of any recommendation of punishment in accordance with this rule.

i.         Each member must be issued one key by the Sergeant at Arms to activate the key lock on the voting console on his desk to operate the electronic voting system. That key may not be duplicated by the member nor may a duplicate be issued to a member. The key must not be left in the key lock at any time while the member is not within the outer doors of the chamber. If a member loses his key, a replacement will be issued by the Sergeant at Arms at the member's expense. If a member is temporarily without his key while the House is in session, the Sergeant at Arms will provide a temporary key to that member at the member's request for that day only, and that key may not be removed from the House Chamber.

7.4     If the electronic roll call machine is declared by the Speaker of the House to be inoperative, the 'Yeas' and 'Nays' shall be taken by the Reading Clerk calling each member's name in alphabetical order and each member responding by answering simply: 'Yea' or 'Nay'. Every member who may be in the House when called may give his vote.

Provided, further, that when the electronic roll call system is being used to record votes, the doors shall not be closed and members shall be permitted to vote as provided in Rule 7.3.

7.5     No member shall, under any circumstances, be permitted to vote after a decision shall have been announced by the Chair. After the decision of the question, a member absent may be permitted to record the vote he would have given if present, but such vote shall not affect the previous question.

7.6     No member shall be permitted to explain his vote during a roll call, but may reduce his explanation to writing, in not more than 200 words, and upon filing with the Clerk, this explanation shall be entered upon the Journal.

7.7     When the pending question is the passage of any bill or resolution on the contested Calendar on second reading, the yeas and nays shall always be taken by roll call and the votes thereon shall be recorded in the Journal.

7.8     Pairing shall be permitted only upon the absence of a member for good cause and shall be in writing and specifically state the bill or bills or questions upon which pairs are arranged. Pairs shall be filed with the Clerk and recorded in the Journal as an indication of how absent members would have voted. The present member need announce only that he is paired as an explanation of why he is not voting.

RULE 8
MOTIONS AND THEIR PRECEDENCE

8.1     No motion shall be debated until it shall have been stated by the Speaker. Any motion shall, if desired by the Speaker or any other member, be reduced to writing and delivered at the desk and read, before it shall be debated.

8.2     The mover may withdraw any question or proposition before an amendment or decision, after the same has been ordered, except a demand for the yeas and nays and except after the previous question has been ordered.

8.3     No dilatory motion shall be entertained by the Speaker, prior precedents to the contrary notwithstanding.

8.4     A question before the House shall be suspended by:

1.     a message;

2.     a report or resolution of the Committee on Rules, Conference, Free Conference or Invitations;

3.     a question of order;

4.     a question of privilege;

5.     a question of taking recess;

6.     any other incidental questions, such as of reading papers, dividing a question, withdrawing a motion, excusing a member from voting, or the like; of which the five first named may suspend even a speech; provided, that the fifth, if once negatived, be not received during the same speech without the assent of the member speaking.

8.5     When a question is under debate only those motions herein below shall be received and notwithstanding the provisions of any other rule, none of such motions except the motion to adjourn or recede, a motion to continue, or a motion for the previous question shall be considered until the conclusion of such debate. Such motions shall require a simple majority vote unless otherwise specified:

1.     to adjourn or recede;

2.     to continue;

3.     to lay on the table;

4.     for the previous question (fifty percent of those present and voting, a quorum being present, plus five);

5.     to postpone indefinitely, or to a day beyond the session;

6.     to adjourn the debate to a certain day within the session;

7.     to commit or recommit.

These motions shall have precedence in the order in which they are hereinabove arranged.

Provided, a motion to reconsider shall be received and noted while a speech is being made but notwithstanding the provisions of Rule 8.14, shall be considered immediately after disposal of the pending matter or pursuant to Rule 6.3, subparagraph 10, whichever shall come first.

8.6     The previous question upon any matter may be invoked as follows:

a.         Immediate cloture. Upon an affirmative vote on a motion for the previous question (fifty percent of those present and voting, a quorum being present, plus five, being required to interrupt debate and a simple majority vote at all other times), the amendments then upon the desk shall be considered, but no further amendments shall be allowed to be offered unless the amendment has at least two-thirds of the membership of the House as its sponsor. The sponsor of an amendment shall be allowed an opportunity to make a short explanation of his amendment for a period not to exceed three minutes, then opponents to the amendment shall be permitted not more than three minutes to oppose the proposed amendment. Then two hours of debate shall be allowed on the bill as and if amended, the time being equally divided between opponents and proponents with no person to speak more than ten minutes.

Provided, any member who has been recognized by the Speaker and is speaking from the podium, is considered to be debating the issue and a call for the previous question, whether by the member or any other member, requires the necessary fifty percent of those present and voting plus five.

b.     Delayed cloture. Upon an affirmative vote upon a motion for the previous question to take effect in two hours (fifty percent of those present and voting, a quorum being present, plus five, being required to interrupt debate, and a simple majority vote at all other times), the previous question will be invoked to take effect two hours from the time such affirmative vote is made, provided that such two-hour period may not be extended and may not be shortened if five (5) members object. After the previous question is in effect pursuant to this subsection, consideration of amendments and further debate shall proceed in the same manner and under the same limitations as those set forth in subsection (a) of this rule, including that no further amendments shall be allowed to be offered unless the amendment has at least two-thirds of the membership of the House as its sponsor.

Provided, further, that during the two-hour period immediately preceding delayed cloture, but after the vote for same, all actions otherwise possible, including putting amendments on the desk, may be accomplished.

8.7     A motion to recess may state the time for reconvening and in the absence of such time stated, reconvening shall be at the call of the Chair. The Speaker may at anytime, unless a member objects, order the House to stand at ease to be reconvened at the call of the Chair.

8.8     A motion to strike out the enacting words of a bill, or resolving words of a resolution shall have precedence of a motion to amend, and, if carried, shall be considered as equivalent to rejection.

8.9     When a motion is made during a motion period, the Speaker shall entertain but two substitute motions which shall be considered in their inverse order.

8.10     Any member may without debate, call for the division of a question, and the House may divide the question if it shall appear to comprehend the question so distinct that, one being taken away, the rest may stand entire for decision. A motion to strike out and insert shall be deemed indivisible, but a motion to strike out being lost shall not be deemed equivalent to agreement, nor shall it preclude either amendment or a motion to strike out and insert.

8.11     a.     The following motions must be decided by simple majority unless otherwise specified and without debate after any short remarks the Speaker permits:

to adjourn;

to take a recess;

to continue;

to commit or recommit;

to lay on the table;

for the previous question;

to proceed to the orders of the day;

to postpone indefinitely, or to a day beyond the session;

to adjourn a debate;

to recur to the morning hour;

to fix the hour to which the House shall next meet;

b.     The following motions must be permitted at the same stage of the bill or proposition after one hour of time has elapsed since the same question was before negatived:

for the previous question;

to lay on the table;

to postpone or adjourn a debate;

to continue;

to commit or recommit;

to recur to the morning hour.

8.12     Motions to adjourn, to recede, and to recede subject to the call of the Chair, shall always be in order, except while the House is actually engaged in deciding a question by yeas and nays, or in voting viva voce, or in balloting; but a motion to adjourn, or to take a recess, having been negatived, no new motion to adjourn or take a recess shall be in order until fifteen minutes shall have elapsed from the decision of the former motion, even though such motion to recede might be to recede to a different time.

8.13     Indefinite postponement shall dispose of the question.

8.14     When a question shall have been once decided in the affirmative or negative, any member who voted with the prevailing side may, on the same day or the next day of the sitting of the House, move for a reconsideration thereof, and the House if in session for Statewide Matters, and at any time other than while Special Orders are being considered, shall immediately have the question of reconsideration before it. If the House is not in session for Statewide Matters or have before it a matter under Special Order, it shall have the question of reconsideration before it as provided in Rule 6.4. If the House shall refuse to reconsider, or, upon reconsideration, shall affirm its first decision, no further motion shall be in order except by unanimous consent, provided, that once a motion to reconsider is made it may not be withdrawn except in the same day in which it was made.

Provided, that the bill, resolution, message, report, amendment, motion, or the paper upon which the vote was taken shall not have gone out of the possession of the House.

A motion to reconsider may be laid on the table without affecting the question with reference to which the same is made; and if such motion be laid on the table, it shall be deemed a final disposition of the motion.

8.15     A member may move to continue a matter, when called on the calendar, to the next session; and if the House agrees thereto, the matter shall be thereupon continued; and the Clerk of the House shall make up a Calendar of all the matters so continued, placing the same thereupon, in the order in which they have been continued, and at the ensuing session the continued matters shall be taken up and considered in the same stage in which they were when so continued and shall have priority according to the last order for consideration made upon them.

If a motion to continue, having received an affirmative vote, shall be reconsidered and thereupon such motion to continue shall receive a negative vote, the matter shall be immediately taken up and the member having the floor at the time the debate was interrupted shall resume.

RULE 9
AMENDMENTS

9.1     A bill which originated in the House, or which, having originated in the Senate and having been amended by the House, shall be returned from the Senate with amendments, such bill as amended shall be printed, placed on the House Calendar, and shall not be read until such printed copy has been on the desks of the members for at least one day previous to such reading. Provided, however, that this requirement shall not apply to local bills.

The consideration of amendments shall have precedence over a motion to either concur or nonconcur in the Senate amendments.

If no amendments have been adopted by the House, then the question shall be: _Will the House agree to the Senate amendment?_ A decision in the negative shall be a rejection. Upon a decision in the affirmative, the title of the bill shall be changed to an Act, and ordered to be enrolled.

9.2     At the third reading of a bill, no amendment shall be permitted without unanimous consent, except that the Chairman of the Committee on Ways and Means may (if he shall have given notice at the second reading of his intention to offer amendments at the third) be permitted to offer amendments to any bill to raise supplies or to make appropriations, such as may be pertinent to the bill; and, the chairman of any committee may (if he has given notice at the second reading of his intention to offer an amendment at the third) be permitted to offer a technical amendment to any bill which has been reported from his committee; and,

Provided, that the House may, in its discretion, commit or recommit any bill at its third reading; and after the report of the committee any amendment which it shall recommend may be adopted.

9.3     No motion or proposition on a subject different from that under consideration shall be admitted under color of amendment unless it refers to the intent of the motion or proposition under consideration. Provided, that nothing shall prevent the adoption of an amendment which rewrites the bill in its entirety if the bill as rewritten remains germane to the original title of the bill. Provided, further, that in determining whether or not any amendment be germane, the Speaker of the House of Representatives shall be guided by precedents of the House of Representatives to the extent available.

9.4     A proposed amendment shall be in order regardless of the number of changes proposed therein to the matter under debate, provided such amendment is otherwise in order.

9.5     Proposed amendments to any matter before the House shall be initially considered in the order in which received.

RULE 10
MISCELLANEOUS

10.1     A person not a member, officer, or attache of the House shall not be admitted in the outer doors of the Chamber without the special leave of the House. The following persons, and no others, shall be admitted within the Hall at any time unless otherwise authorized by House Resolution; namely,

The present and former members and officers of the House of Representatives; the members of the Press as designated by the Speaker of the House of Representatives; the Governor; the present members and officers of the Senate; the present members and employees of the Legislative Council; employees of the respective legislative delegations; and such persons as may be invited by order of the House; provided, no seat in the House shall be occupied by any one except the members thereof. No lobbyist, including former members registered as lobbyists, shall be admitted within the Hall without special leave of the House. No former member seeking personal favors nor any former member who is a candidate for a position which is elected by the General Assembly shall be admitted within the outer doors of the Chamber without special leave of the House.

Access to the House shall not be denied to sitting Senators.

Provided, that notwithstanding other provisions of this rule, access within the outer doors of the Chamber is denied to any former House member who has been convicted of a crime, the conviction of which would impose a maximum penalty of imprisonment of one year or more. This paragraph does not apply to a former House member who is reelected to either House of the General Assembly after the conviction of the crime referred to in this paragraph.

10.2     Whenever the pronoun 'he' appears in any rule, it shall be deemed to designate either masculine or feminine. The words 'person' and 'party' and any other word importing the singular number used in any bill or resolution shall be held to include the plural and to include firms, companies, associations, and corporations and all words in the plural shall apply also to the singular in all cases in which the spirit and intent of the bill or resolution may require it. All words in a bill or resolution importing the masculine gender shall apply to females also and words in the feminine gender shall apply to males. And all words importing the present tense shall apply to the future also.

10.3     Definitions of measures:

1.     'Resolutions' This term includes:

a.         'House Resolution' which affects only the action of the House and the members thereof. It requires only one reading for adoption, and shall not be submitted to the Senate.

b.     'Concurrent Resolution' which affects only the action of the General Assembly and the members thereof. It requires only one reading in each House for adoption.

c.         'Joint Resolution' which shall have the same force of law as an Act, but is a temporary measure, dying when its subject matter is completed. It requires the same treatment as a bill does in its passage through both Houses, but its title after passage shall not be changed to that of an Act; and when used to propose an amendment to the Constitution it does not require the approval of the Governor.

2.     'Bill' A bill is the term applied to a measure introduced in either House designed to become a permanent law (or an 'Act').

It must be read and adopted three times on three separate days in each House, following which its title is changed to that of an Act.

3.     'Act' An Act is the term applied to a bill that has passed both Houses, been ratified by the presiding officer of each House and signed by the Governor or passed over his veto. It is a permanent measure, having the force of law until repealed.

4.     'Veto' The term used for disapproval of a bill or joint resolution by the Governor. It may be overridden by a two-thirds vote of the members of each House.

10.4     The House shall not accept any invitations to attend functions (social or otherwise) which are to be held at a club or organization which does not admit as members persons of all races, religions, colors, sexes, or national origins. All such invitations so received shall be referred to the Committee on Invitations and Memorial Resolutions and the five House members on the Committee on Invitations and Memorial Resolutions shall have the duty of determining and reporting to the House whether or not the function is to be held at a club or organization which does not admit as members persons of all races, religions, colors, sexes, or national origins.

10.5     Each member of the House shall be entitled to recommend the names of any number of persons to the Speaker, with one to be appointed by the Speaker as a House page to perform such duties as determined by the Speaker. The provisions of this rule shall be contingent upon the General Assembly providing for at least one hundred twenty-four House pages in the annual General Appropriations Act for the fiscal year during which such session shall take place. Any additional House pages authorized shall be appointed by the Speaker in his sole discretion. Pages and guests of the House shall observe appropriate and dignified attire which means shirt and tie (with coats optional) for males and dignified dress (meaning dress, skirt or slacks and blouse, or pants suits) for females. This provision must be enforced by the Speaker.

10.6     Provided, notwithstanding any other rule, House Resolutions, Invitations and Memorials shall be accepted at the desk during the Organizational Session and shall be approved only by unanimous consent for passage.

10.7     No smoking is permitted in the Hall of the House of Representatives. Smoking for purposes of this rule includes carrying a lighted cigar, cigarette, pipe, or any other lighted smoking equipment.

10.8     No member of the House shall incur more than one thousand eight hundred dollars in long distance telephone charges at state expense during any fiscal year. However, if a member accumulates more than one thousand eight hundred dollars in long distance telephone expenses during any fiscal year, he shall be billed and must reimburse the State on a monthly basis for the remaining balance.

10.9     Special presentations to honor individuals, groups or teams must be limited to five minutes and no presentations of this kind are permitted after the third Thursday in May. A House passed resolution that mentions allotted time for the presentation and date shall prevail. This rule does not apply to a concurrent resolution.

10.10     Meetings of a legislative caucus as defined in Section 2-17-10(11), Code of Laws of South Carolina, 1976, may not be closed to the public and must be open to the public pursuant to Section 30-4-60."

The Resolution was adopted.

Rep. KIRSH proposed the following Amendment No. 1 (Doc Name P:\amend\pt\2709dw.97), which was committed to the Rules Committee.

That Rule 4 of the Rules of the House of Representatives is amended by adding:

/ 4.19     When a bill or resolution is reported out of a standing committee of the House of Representatives, there must be attached and printed as a part of the committee report a summary of the bill or resolution prepared by the staff of that committee. /

Renumber sections to conform.

Amend totals and title to conform.

Rep. D. SMITH moved to commit the amendment to the Rules Committee.

ELECTION OF HOUSE ETHICS COMMITTEE

The SPEAKER announced that nominations were in order for six members of the House Ethics Committee.

The following names were placed in nomination:

Reps. EASTERDAY, MEACHAM, SCOTT, SEITHEL, R. SMITH and WALKER.

On motion of Rep. CATO, nominations were closed, and the vote was taken by acclamation, resulting in the election of the nominees.

Whereupon, the SPEAKER announced that Reps. EASTERDAY, MEACHAM, SCOTT, SEITHEL, R. SMITH and WALKER were duly elected for the term prescribed by law.

ELECTION OF OPERATIONS
AND MANAGEMENT COMMITTEE

The SPEAKER announced that nominations were in order for seven members of the House Operations and Management Committee.

The following names were placed in nomination:

Reps. ALLISON, COBB-HUNTER, KEEGAN, LITTLEJOHN, RHOAD, VAUGHN and WITHERSPOON.

On motion of Rep. SCOTT, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominees.

Whereupon, the SPEAKER announced that Reps. ALLISON, COBB-HUNTER, KEEGAN, LITTLEJOHN, RHOAD, VAUGHN and WITHERSPOON were duly elected for the term prescribed by law.

ELECTION OF REORGANIZATION COMMISSION

The SPEAKER announced that nominations were in order for five members of the Reorganization Commission.

The following names were placed in nomination:

Reps. BAILEY, INABINETT, KIRSH, LANFORD, SANDIFER and STUART.

On motion of Rep. CATO, with unanimous consent, the Members of the House voted by electronic roll call.

The following named Representatives voted for Rep. BAILEY:

Allison                Altman                 Bailey
Barfield               Barrett                Battle
Bauer                  Baxley                 Beck
Boan                   Bowers                 Breeland
Brown, G.              Brown, H.              Brown, J.
Byrd                   Campsen                Carnell
Cato                   Cave                   Chellis
Clyburn                Cobb-Hunter            Cooper
Cotty                  Cromer                 Dantzler
Davenport              Delleney               Easterday
Edge                   Felder                 Fleming
Gamble                 Gourdine               Govan
Hamilton               Harrell                Harris, J.
Haskins                Hawkins                Hines, J.
Hines, M.              Hinson                 Hodges
Howard                 Inabinett              Jennings
Jordan                 Keegan                 Kelley
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Law
Limbaugh               Limehouse              Littlejohn
Lloyd                  Loftis                 Mack
Maddox                 Mason                  McCraw
McKay                  McLeod                 McMahand
McMaster               Meacham                Miller
Moody-Lawrence         Neal                   Neilson
Parks                  Phillips               Pinckney
Quinn                  Rhoad                  Rice
Riser                  Sandifer               Scott
Seithel                Sharpe                 Sheheen
Simrill                Smith, F.              Smith, J.
Smith, R.              Spearman               Stille
Stoddard               Stuart                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young
Young-Brickell

Total--109

The following named Representatives voted for Rep. INABINETT:

Askins                 Baxley                 Boan
Bowers                 Breeland               Brown, G.
Brown, J.              Byrd                   Campsen
Carnell                Cave                   Clyburn
Cobb-Hunter            Cotty                  Cromer
Davenport              Delleney               Edge
Felder                 Gourdine               Govan
Harrell                Harvin                 Haskins
Hawkins                Hines, J.              Hines, M.
Hodges                 Howard                 Inabinett
Jennings               Lee                    Littlejohn
Lloyd                  Mack                   Maddox
McLeod                 McMahand               McMaster
Moody-Lawrence         Mullen                 Neal
Parks                  Pinckney               Rhoad
Rice                   Rodgers                Scott
Seithel                Sharpe                 Sheheen
Smith, F.              Smith, J.              Stille
Stoddard               Webb                   Whatley
Whipper                Wilder                 Wilkes

Total--60

The following named Representatives voted for Rep. KIRSH:

Allison                Altman                 Bailey
Barfield               Barrett                Battle
Bauer                  Baxley                 Beck
Boan                   Bowers                 Breeland
Brown, H.              Brown, J.              Brown, T.
Byrd                   Carnell                Cato
Cave                   Chellis                Clyburn
Cobb-Hunter            Cooper                 Cromer
Dantzler               Davenport              Delleney
Easterday              Edge                   Fleming
Gamble                 Gourdine               Govan
Hamilton               Harris, J.             Harvin
Hines, M.              Hinson                 Hodges
Howard                 Inabinett              Jennings
Keegan                 Kelley                 Kennedy
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Limbaugh
Limehouse              Lloyd                  Mack
Maddox                 Martin                 Mason
McCraw                 McKay                  McLeod
Meacham                Miller                 Moody-Lawrence
Neal                   Neilson                Parks
Phillips               Pinckney               Quinn
Rhoad                  Riser                  Robinson
Sandifer               Scott                  Seithel
Sheheen                Simrill                Smith, D.
Smith, F.              Smith, J.              Smith, R.
Spearman               Stille                 Stoddard
Stuart                 Townsend               Tripp
Trotter                Vaughn                 Walker
Webb                   Whipper                Wilder
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

Total--101

The following named Representatives voted for Rep. LANFORD:

Allison                Altman                 Bailey
Barrett                Battle                 Bauer
Beck                   Breeland               Brown, G.
Brown, H.              Brown, J.              Brown, T.
Byrd                   Campsen                Carnell
Cato                   Chellis                Clyburn
Cooper                 Cotty                  Dantzler
Davenport              Easterday              Edge
Felder                 Fleming                Gamble
Hamilton               Harrell                Harris, J.
Haskins                Hawkins                Hines, J.
Hines, M.              Hinson                 Inabinett
Jennings               Jordan                 Keegan
Kelley                 Kinon                  Kirsh
Klauber                Knotts                 Koon
Law                    Leach                  Lee
Limbaugh               Limehouse              Littlejohn
Loftis                 Mack                   Maddox
Martin                 Mason                  McCraw
McKay                  McLeod                 McMaster
Meacham                Miller                 Mullen
Neilson                Phillips               Rhoad
Rice                   Riser                  Rodgers
Sandifer               Seithel                Sharpe
Sheheen                Simrill                Smith, D.
Smith, F.              Smith, J.              Smith, R.
Spearman               Stoddard               Stuart
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Whipper                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum
Young                  Young-Brickell

Total--95

The following named Representatives voted for Rep. SANDIFER:

Allison                Altman                 Bailey
Barfield               Barrett                Battle
Bauer                  Baxley                 Beck
Boan                   Bowers                 Brown, G.
Brown, H.              Brown, J.              Campsen
Carnell                Cato                   Chellis
Clyburn                Cooper                 Cotty
Cromer                 Dantzler               Davenport
Delleney               Easterday              Edge
Felder                 Fleming                Gamble
Hamilton               Harrell                Harris, J.
Harvin                 Haskins                Hawkins
Hinson                 Hodges                 Jennings
Jordan                 Keegan                 Kelley
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Limbaugh
Limehouse              Littlejohn             Loftis
Maddox                 Martin                 Mason
McCraw                 McKay                  McMaster
Meacham                Mullen                 Neilson
Phillips               Pinckney               Quinn
Rhoad                  Rice                   Riser
Rodgers                Sandifer               Seithel
Sharpe                 Simrill                Smith, D.
Smith, R.              Spearman               Stille
Stoddard               Stuart                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Webb                   Whatley
Wilder                 Wilkes                 Wilkins
Witherspoon            Woodrum                Young
Young-Brickell

Total--94

The following named Representatives voted for Rep. STUART:

Allison                Altman                 Bailey
Barfield               Barrett                Battle
Bauer                  Baxley                 Beck
Boan                   Bowers                 Brown, G.
Brown, H.              Byrd                   Campsen
Cato                   Cave                   Chellis
Cooper                 Cotty                  Cromer
Dantzler               Delleney               Easterday
Edge                   Felder                 Fleming
Gamble                 Govan                  Hamilton
Harrell                Harris, J.             Harvin
Haskins                Hawkins                Hines, J.
Hinson                 Hodges                 Jordan
Keegan                 Kelley                 Kennedy
Kinon                  Kirsh                  Klauber
Knotts                 Koon                   Law
Leach                  Lee                    Limbaugh
Limehouse              Littlejohn             Loftis
Maddox                 Martin                 Mason
McCraw                 McKay                  McLeod
McMaster               Meacham                Miller
Moody-Lawrence         Mullen                 Neilson
Parks                  Phillips               Pinckney
Rice                   Riser                  Rodgers
Sandifer               Sharpe                 Sheheen
Simrill                Smith, D.              Smith, F.
Smith, J.              Smith, R.              Spearman
Stille                 Stuart                 Townsend
Tripp                  Trotter                Vaughn
Walker                 Whatley                Whipper
Wilkes                 Wilkins                Witherspoon
Woodrum                Young                  Young-Brickell

Total--96
RECAPITULATION

Rep. BAILEY received     109
Rep. KIRSH received     101
Rep. SANDIFER received     94
Rep. LANFORD received     95
Rep. INABINETT received     60
Rep. STUART received     96

Whereupon, the SPEAKER announced that Reps. BAILEY, KIRSH, SANDIFER, LANFORD and STUART having received a majority of the votes cast were duly elected for the term prescribed by law.

INVITATIONS

On motion of Rep. QUINN, with unanimous consent, the following invitations were taken up for immediate consideration and accepted.

September 27, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The South Carolina Bankers Association will host its annual reception for the General Assembly on Tuesday, January 14, 1997, from 6:00 - 8:00 P.M. at the Adam's Mark Hotel, 1200 Hampton Street, Columbia, S.C. We would like to cordially invite the members of the House to attend this function.

I would appreciate your reserving this date on the House Calendar and notifying me upon confirmation of this date. Should you need additional information, please contact me at 779-0850.

Sincerely yours,
E. Anne Gillespie

November 18, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The South Carolina Association of Council on Aging Directors would like to invite the members of the Senate and of the House of Representatives to the annual "Welcome Back Breakfast" on January 15, 1997. The breakfast will be a buffet from 8:00 A.M. - 8:45 A.M. at the Clarion Town House, 1615 Gervais Street in Columbia. There will be a very brief presentation of the association legislative agenda and an opportunity for the Senators and Representatives to have breakfast with leaders from their home district.

I am very grateful to your excellent representative, Colette Murray Swann, for her help in the last few years.

Please contact me if there is further information required. Thank you.

Sincerely,
Betsy Fuller
Vice President, SCACAD

August 29, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

Pursuant to our recent telephone conversation with your office, we are confirming the following.

The National Federation of the Blind of South Carolina in accordance with information given by your office will be hosting the entire General Assembly with a luncheon to be held in Room 208 of the Blatt Building, Wednesday, January 15, 1997, between 12:00 Noon and 2:00 P.M. This will be a buffet luncheon.

We shall be glad to cooperate with your office in any additional manner, doing whatever necessary to finalize arrangements for the January 15, 1997 event.

With kindest personal regards and sincere best wishes, I am

Cordially,
Donald C. Capps
President

September 14, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The Construction Industry Association, Carolinas AGC, respectfully request January 15, 1997, to host a reception for the members of the General Assembly and staff from 6:00 until 8:00 P.M. at the Koger Center for the Arts in Columbia.

Sincerely,
Stephen P. Gennett
Executive Vice-President

October 3, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The South Carolina Chamber of Commerce would like to invite the members of the South Carolina General Assembly, and the South Carolina Constitutional Officers to our annual "Business Speaks at the State House" reception, 5:30-7:30 P.M., Tuesday, January 21, 1997, at the Capital City Club. Preceding the reception, members are invited to an update on Federal issues from 3:00-4:00 P.M., and to an update on State issues by House and Senate members from 4:00-5:30 P.M.

Upon your approval, as Chairman of the House Invitations Committee, a personal invitation will be extended to each General Assembly member and Constitutional Officer. The cost of the reception is $25.00 or less and is in conformity with the State Ethics Act. We would also like to ask that the reception appear on the House Calendar for January 21, 1997.

The South Carolina Chamber and the state's business community look forward to seeing you at the reception.

Sincerely,
S. Hunter Howard, Jr.
President & Chief Executive Officer

July 24, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The South Carolina Broadcasters Association cordially invites the South Carolina General Assembly to attend a shrimp and grits breakfast on Thursday, January 23, 1997. The breakfast is scheduled from 8:00 to 10:00 A.M. in Room 208 of the Solomon Blatt House Office Building.

We greatly appreciate your consideration of this invitation and look forward to hearing from you.

Sincerely,
Ron Loewen
President

October 22, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

Please accept this letter as a request from the State Board for Technical and Comprehensive Education to reserve Tuesday, January 28, 1997, for a reception for the South Carolina House of Representatives and staff. The reception will be held at the State Museum, 301 Gervais Street, Columbia from 6:00 P.M. until 7:30 P.M.

Your assistance in having this request placed on the House Calendar is greatly appreciated.

Sincerely,
P. Henderson Barnette
Chairman

September 20, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

The Board of Trustees, staff and students of John de la Howe School would like to cordially invite all members of the General Assembly to a breakfast drop-in on Wednesday, January 29, 1997. This special event will be held in Room 208 of the Blatt Building and will celebrate 200 years since the founding of John de la Howe School.

Please place this on the House Calendar for 1997.

Sincerely,
John C. Shiflet, Jr.
Superintendent

November 14, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

On behalf of the South Carolina Federation of Older Americans, it is my honor and privilege to invite the members of the House of Representatives to attend a luncheon to honor the seniors of South Carolina. The Seniors' Legislative Day 1997 will be held on Wednesday, January 29, 1997. This year's meeting will be at the Capital Senior Center, corner of Blossom and Pickens Streets, in Columbia, S.C. It will begin at 12:00 Noon and end at 1:45 P.M.

We have chosen the theme "Working Together for Effective Solutions: Building the Bridge to the 21st Century."

Now more than ever, our members really want to meet and talk with you, their own Representative. Never before have so many seniors been so unsure and confused as to what resources may or may not be available to them now and in the future. We do not ask that you know all the answers, but are at least willing to listen to our concerns and needs.

When this event is approved, please notify Karen Sprayberry, Joint Legislative Committee on Aging, at 734-2995.

Again, thank you for your assistance in providing an opportunity for senior South Carolinians to be a part of the legislative process.

Sincerely yours,
Dr. James I. Califf
President

July 18, 1996
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201

Dear Rep. Quinn:

On behalf of the members of The South Carolina Education Association, we would like to extend an invitation to the South Carolina House of Representatives to attend a legislative reception on Wednesday, January 29, 1997, from 6:00 until 9:00 P.M. at the South Carolina State Museum, 301 Gervais Street. If the Governor's State of the State Address is that evening, we will adjust our time accordingly.

If you need further information or if we need to complete any additional forms, please contact me at 798-8077. Thank you for your assistance in this matter.

Sincerely,
Joyce A. Abel

MOTION ADOPTED

Rep. G. BROWN moved that when the House adjourns, it adjourn in memory of the Honorable Dick Herdklotz, former House member, which was agreed to.

SILENT PRAYER

On motion of Rep. G. BROWN, the House stood in silent prayer in memory of Rep. Dick Herdklotz, former House member.

Rep. FELDER moved that the House do now adjourn, which was adopted.

ADJOURNMENT

At 4:00 P.M. the House in accordance with the motion of Rep. G. BROWN adjourned in memory of Rep. Dick Herdklotz, former House member, to meet at 10:00 A.M. tomorrow.

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